Divorce in Sri Lanka: Everything You Need to Know
Divorce is the legal process of dissolving a marriage. In Sri Lanka, there are two types of divorce: judicial and administrative.
A court of law grants a judicial divorce, while the registrar of marriages grants an administrative one. In most cases, couples will have to go for a judicial divorce.
There are a number of reasons why a couple might choose to get divorced, and the grounds for divorce will vary from case to case. But you have to remember that there are only three grounds for getting a divorce. They are adultery, incurable impotency, and desertion.
Do You Want Divorce?
So you’ve decided that you want a divorce. While this may not be an easy decision to make, it’s an important one, and it’s important to get it done the right way.
There are a few things you need to know before you get started. First, you’ll need to decide which type of divorce you are eligible to get. Sri Lanka Law offers three types of divorces:
So you have to select the relevant law from among these laws: common law, Kandyan Law, or Muslim Law.
Once you’ve decided on the type according to the law that applies to you, then you’ll need to gather the required documents and file them with the court. This can be a bit tricky, so it’s best to hire an attorney who can help guide you through the process. And finally, don’t forget to take care of yourself during this time. It’s going to be tough, but you can do it!.
Divorce Law in Sri Lanka
So you’re considering a divorce in Sri Lanka. This is a big decision, and it’s important to understand the law before you take any steps. Here’s what you need to know.
Under Sri Lankan law, there are three grounds for divorce:
- Adultery
- malicious desertion
- impotency
If you can prove that your spouse has committed adultery or malicious desertion, you can file a case on that basis. And if you can prove that your spouse has left the matrimonial home, then you can file a plaint on that basis as well.
In addition, there is a no-fault ground for divorce in Sri Lanka. This means that you can not file for a divorce. If your spouse has done anything wrong except the above three things, Therefore, what you can do is show that you have been living separately from your spouse for some time and that there is no chance of reconciliation. Then you can only get a legal separation from your spouse after proving relevant facts.
Divorce in Sri Lanka?
Hey, you! Wondering how to get a divorce in Sri Lanka? We can help. Earlier we mention that there are two types of divorce
- Judicial
- Administrative.
Judicial Divorce applies to two types of marriages.
- Marriages under the General Marriage Registration Ordinance
- Marriages Under the Muslim Marriage and Registration Act
Marriages under the General Marriage Registration Ordinance
So now let’s discuss who can get a judicial divorce. if someone has got
married under the general marriage ordinance act, he has to go to district court.
If you have registered your marriage under the general marriage ordinance act, there are basically two ways to get a divorce in Sri Lanka: through mutual consent or by contested proceedings.
If you and your spouse both agree to the divorce, then the process is relatively simple. So, you’ll need to file a plaint and give simple evidence at the trial that your spouse has committed one of the three matrimonial offenses. Then your spouse can admit your evidence and your case will end easily.
If you can’t agree to the terms that your spouse brings, then you’ll need to go through a contested proceeding. This is where things can get a bit more complicated, as it will be up to the court to decide who gets what and how custody of any children will be arranged.
Marriages Under the Muslim Marriage and Registration Act
If a husband desires to divorce his wife, he has to follow the first schedule of the act. When a wife wants to divorce her husband without his consent, she has to follow the second schedule of the act. A wife can get it following the procedure of the third schedule too. When someone makes an application for a divorce, Quazi can give the order relating to the divorce.
Divorce of a Kandyan Marriage
Divorce of a Kandyan Marriage is the administrative divorce
- Applications shall submit to,
- If the applicant is residing in a Kandyan province, your application shall forward to the District Registrar at the Divisional Secretariat relevant to the area where the applicant is residing.
- If the applicant resides outside a Kandyan province, your application shall forward to the District Registrar at the Divisional Secretariat relevant to the area in which the respondent resides or in which the marriage was registered.
- Obtain the relevant application from the District Registrar informing the divorce.
- You must submit these Documents
- Duly perfected declaration
- Certificate of Marriage (Kandyan)
- If there are documents to prove the complaint
- Then, District Registrar calls up both parties for an inquiry.
- District Registrar will grant the dissolution of the marriage in respect of which the application was made or refuse to grant the dissolution of such marriage.
- If a party is dissatisfied with the order, can make an appeal to the District Registrar within 30 days.
- District Registrar submits the appeal to the District Court and will work on the order given by the District court.
How to File for Divorce in Sri Lanka
So you want to get a divorce in Sri Lanka? Here we discuss only divorcing Marriages under the General Marriage Registration Ordinance
Here’s what you need to do:
The first step is to find the best lawyer and talk with him at length. In addition, you need to give him all the documents with you.
The next one is filing the case so your lawyer will do it. You’ll need to provide your marriage certificate, as well as some shot of evidence that your spouse has done matrimonial offenses.
If you have children, you’ll need to provide their birth certificates as well. And if you and your spouse can’t agree on who will keep the children, the court will decide.
The Divorce Process in Sri Lanka
So you want to get a divorce in Sri Lanka? Here’s what you need to know:
You’ll need to file a plaint with the court, and you’ll have to provide evidence that your marriage has broken down irretrievably.
Your spouse will then have the opportunity to contest it at the trial, and the court will make a final decision based on the evidence provided. If the divorce is granted, you’ll be able to remarry after entering the nisi and final decree.
Steps of the process.
- Filing a plaint praying for a divorce.
- Serving summons to the defendant.
- Filing proxy and the answer of the defendant.
- Filling replication of Plaintiff ( if the cross-claim is in the answer of the defendant )
- Pre-trial stage – The parties have to file the issues 14 days before the date for the pre-trial.
- Trial stage. First plaintiff and witnesses on his behalf give evidence. Then the defendant and witnesses on her behalf give evidence.
- Written Submissions by all parties.
- Order by the district court judge.
- Entering the nisi
- Entering the final decree.
Divorce – Required Documents
- The original or certified copy of the marriage certificate
- Addresses of the parties
- A proxy should be filed where you give us the power to represent you in court
- To file the Plaint details of the marriage up to the separation
- Details of the children (Name and Date of Birth)
- If the Defendant is outside of Sri Lanka summons have to be outside Sri Lanka to that country. This has to be done through the Embassy of Sri Lanka
The divorce Papers You Need in Sri Lanka
According to your marriage, you need some specific documents in order to get a divorce papers in Sri Lanka. Here’s a list of what you’ll need:
1. Your marriage certificate
2. ID for both you and your spouse
3. Proof of residency for both you and your spouse
4. The consent of both parties (in writing)
5. Completed Application form for a divorce under Kandyan law or Muslim law
6. Other documents mentioned in the application.
Divorce Marriage Proposals Sri Lanka
When it comes to getting divorce marriage proposals Sri Lanka, there are a few things you need to know.
The first thing you need to know is the grounds for divorce. Actually, there is no difference between a proposal marriage and a love marriage when it comes to getting a divorce. So you have to follow the same law.
So what happens if you get divorced in Sri Lanka? Well, the court will divide the marital assets between the two of you, and it will also decide on child custody and child support. If you have any questions about the process, be sure to get in touch with a lawyer.
Other matrimonial reliefs:
- Legal Separation
- Action for Nullity of Marriage
Lawyers Near Me For Divorce
So you’re thinking about finding lawyers near you and getting a divorce in Sri Lanka? This is definitely not a decision to be taken lightly, and there are a lot of things you need to consider before making your final decision.
In this article, we took a look at the process of getting divorced in Sri Lanka, including the grounds for divorce, the steps involved, and the potential consequences. We’ll also discuss some of the things you need to keep in mind if you’re considering a divorce and offer some legal advice on how to get through this difficult time.
If you want to get a divorce in Sri Lanka, the first step is to speak with a lawyer. They will help you understand the law in Sri Lanka and will help you file the necessary paperwork.
Remember, getting a divorce is a difficult process and it’s important to have a lawyer by your side to help you through it.
The Cost of Getting a Divorce in Sri Lanka
Divorce can be expensive. It’s important to know what you’re getting into before you file a case. Here are some of the costs you can expect:
First, you’ll need to hire a lawyer. Lawyers in Sri Lanka typically charge according to the case, and the rates vary depending on their experience and expertise. You can expect to pay anywhere from Rs. 10,000 to Rs. 100,000 per.
Then there is the stamp duty. This range depends on the case.
And finally, there are the costs associated with settling your case. This could include payments to your spouse, and payments to the lawyers These costs can add up quickly, so it’s important to be prepared for them.
FAQs About Divorce in Sri Lanka
o you’re thinking of getting a divorce in Sri Lanka? Here are some FAQs that might help you make your decision.
Q. What are the grounds for divorce in Sri Lanka?
A. The grounds for divorce are adultery, incurable impotency, and malicious desertion.
Q. How long do I have to be separated from my spouse before I can file for divorce?
A. There is no specific time for that. But wait for some time and try to start your family life again. If you can’t do so you can file for divorce at any time. But if you want legal separation You must be separated for at least two years before you can file a case.
Q. What is the process for getting a divorce in Sri Lanka?
A. The process for getting a divorce in Sri Lanka is as follows: 1) File a paint for divorce with the relevant court; 2) Attend a hearing with the court; 3) The court will issue a decree of divorce if it finds that the marriage has irretrievably broken down.
Q. How long does it take to get a divorce?
A. It depends on your case. If you have a settlement with your spouse you can conclude your case within four months. It will take some time otherwise.
Conclusion
Getting divorced in Sri Lanka can be a complicated process. You’ll need to know the laws and regulations that apply to your situation, and you’ll need to find an experienced lawyer to help you navigate the legal system.
But don’t worry – we’re here to help. Legal articles in this website, we’ll give you a comprehensive overview of Sri Lanka’s divorce laws, and we’ll provide information on how to get started with the divorce process.
So if you’re considering getting a divorce in Sri Lanka, read on for more information.