Family Law
Family law is a crucial legal domain that safeguards the rights and responsibilities of individuals within familial relationships.
We offer expert legal guidance and representation in various aspects of family law, including divorce, child custody, maintenance, and adoption.
Types of Family Law
- Divorce
- Child Custody
- Maintenance
- Adoption
Divorce
Divorce legally dissolves a marriage and can be sought under Sri Lankan law on the following grounds:
- Adultery – If a spouse engages in extramarital affairs.
- Malicious Desertion – When one spouse abandons the other without a valid reason.
- Incurable Impotency – When a spouse is permanently unable to engage in marital relations.
Divorces can be contested (where disputes arise over issues such as custody and property division) or uncontested (where both parties mutually agree). Legal representation ensures a smooth and just process.
Relevant Laws
- Marriage Registration Ordinance
- Civil Procedure Code (for procedural aspects)
- Muslim Marriage and Divorce Act (applicable to Muslim marriages)
Child Custody
Child custody determines who has the legal right to care for and make decisions regarding a child’s upbringing. There are two main types:
- Legal Custody – The authority to make major decisions regarding the child’s health, education, and welfare.
- Physical Custody – Determining the child’s primary place of residence.
Sri Lankan courts prioritize the best interests of the child when awarding custody. Mothers are generally granted custody of young children unless circumstances dictate otherwise. Courts may also grant visitation rights to the non-custodial parent.
Maintenance
Maintenance involves financial support provided for a spouse or child. The two primary types are:
- Spousal Maintenance – One spouse may be required to financially support the other during or after divorce.
- Child Maintenance – Parents are legally obligated to support their children financially, ensuring their basic needs are met.
Claims for maintenance are filed in the Magistrate’s Court under the Maintenance Act No. 37 of 1999. The court considers the financial status of each party and the child’s specific needs when determining the amount.
Adoption
Adoption is a legal process in which a person assumes parental responsibility for a child who is not biologically theirs. Once finalized, the adoptive parents have full parental rights and obligations.
Types of Adoption:
- Domestic Adoption – Adoption of a Sri Lankan child by Sri Lankan parents.
- Intercountry Adoption – Adoption by foreign nationals, subject to stringent regulations.
Types of Adoption:
- Adoption of Children Ordinance
- Child Rights Protection Act
Adoption requires court approval, thorough background checks, and evidence that it serves the best interests of the child.