Divorce Papers In Sri Lanka
In Sri Lanka, there are specific requirements that you must meet in order to file for divorce. If you don’t meet these requirements, your divorce papers may be rejected by the court.
Introduction
So you want to get divorced in Sri Lanka? That’s a big decision, and there’s a lot you need to know before you can file those papers. Here’s a quick overview of the requirements.
First of all, you’ll need to meet the residency requirements. At least one of you must be a resident of the relevant district court jurisdiction to file for divorce in Sri Lanka.
If you meet those requirements, the next step is to gather the necessary documents. You’ll need your marriage certificate, your ID, and your spouse’s details, as well as proof that you’ve been living separately for at least two years.
Once you have all that documentation, it’s time to head to the courthouse and file your petition. The process can be complicated, so it’s a good idea to consult with a lawyer before you get started.
The Grounds for Divorce in Sri Lanka
Divorce is a legal process that terminates a marriage. The grounds for obtaining a “divorce” in Sri Lanka are all fault-based and limited to 3, which are: “adultery”, “malicious desertion” (where the party at fault leaves the matrimonial home), or “constructive malicious desertion” (where due to the conduct of the party at fault, the other party is compelled to leave the matrimonial home) and incurable”impotency”‘.
Legal proceedings for divorce also deal with issues such as claims of alimony, alimony pendent-lite, physical and legal custody of children of the marriage, 18 years and under, and maintenance for such children (if applicable).
If you want to file for divorce on the grounds of adultery, you need to provide proof that your spouse had an extra-marital affair. This could be in the form of pictures, videos, or witness testimonies.
If you want to file for divorce on the grounds of malicious desertion, you need to provide evidence that your spouse has left the matrimonial home
The Procedure for Filing Divorce Papers in Sri Lanka
The procedure involves the filing of formal legal proceedings in the District Court having jurisdiction; the determining factor for jurisdiction is the domicile of the plaintiff or defendant. The filing of a plaint commences legal proceedings, followed by the answer of the defendant. The trial will commence thereafter and upon the conclusion of which Judgment is delivered. Procedurally, upon the judgment being delivered, a Decree Nisi is entered in accordance with the judgment. Legal proceedings are concluded after a mandatory period of 3 months from the date of Decree Nisi, by the Decree Nisi being made Absolute.
The minimum duration of legal proceedings would be approximately 6 months from the date of filing the plaint. The duration is dependent on the evidence required.
A party has the right of appeal from a Judgment of Divorce to the Court of Appeal in the first instance and thereafter to the
Supreme Court.
The Documents Required for Filing Divorce Papers in Sri Lanka
When you’re ready to file for divorce in Sri Lanka, you’ll need to gather the following documents and information:
1. Your marriage certificate
2. The identification documents of both parties
4. The addresses and contact numbers of both parties
5. The date of the marriage and the marriage registration number
6. The reason for the divorce
The Fee for Filing Divorce Papers in Sri Lanka
If you’re considering filing for divorce in Sri Lanka, you should be aware of the fee.
The cost of filing for divorce is more than Rs. 15,000. This is a non-refundable fee, which is payable at the time of filing.
In addition to the filing fee, you will also need to pay a stamp duty, which is based on the value of the alimony you are asking for. This fee can range from Rs. 15,000 to Rs. 100,000.
So what do you need to bring with you when you go to file? You’ll need your marriage certificate and ID card. You should also need to bring a copy of your spouse’s ID card, and a copy of your marriage certificate translated into Sinhala or Tamil if it is not in the court language.
The Timeframe for Filing Divorce Papers in Sri Lanka
If you’re considering filing for divorce in Sri Lanka, then you’ll need to be aware of the timeframe involved. The good news is that you don’t have to wait long—the entire filling process can be completed in as little as four days.
However, there are a few things you need to do before you file. You’ll need to provide some documents, such as a marriage certificate and birth certificates of children. You’ll also need to provide evidence of your spouse’s adultery or desertion of the matrimonial home for a continuous period.
If you can provide all of the required documentation, then the process should be relatively straightforward. Just keep in mind that if you and your spouse are unable to come to an agreement, the court will make the final decision on all matters relating to your divorce.
Conclusion
It’s important to understand the requirements for filing divorce papers in Sri Lanka before taking any steps. You will need to provide evidence of your marriage and grounds for the divorce, and you may also be required to attend a hearing.
If you’re considering filing for divorce, our team can help you understand the process and provide the support you need throughout the proceedings.