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’ at the time of marriage. Legal proceedings for divorce also deal with, to include, 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).
The procedure involves filing of formal legal proceedings in the District Court having jurisdiction; the determining factor for jurisdiction being the domicile of the Plaintiff or Defendant. The filing of a Plaint commences legal Proceedings followed by the Answer of the Defendant. Trial will commence thereafter and upon the conclusion of which a Decree Nisi is entered. Legal proceedings are concluded after a mandatory period of 3 months from the date of Decree Nisi, by the Decree Nisi being made Absolute.
If the defendant opts not to contest the divorce and consents to granting a divorce in the plaintiff’s favour (i.e. in an uncontested Divorce action), trial can be concluded in a day and Decree Nisi entered accordingly. Hence, although in Sri Lanka consent of parties is not a ground for obtaining a divorce, in practice if both parties are agreeable for a divorce the parties can opt for an uncontested divorce. However, the mandatory waiting period of 3 months to make the Decree Nisi Absolute applies to both contested and uncontested divorce actions.
Generally, in an uncontested divorce action, it is not necessary for the Defendant to be present in court. The Plaintiff should be in court at least on the day of the uncontested trial. Where the divorce action is contested, ideally both parties should be present in court especially on trial dates.
The minimum duration of legal proceedings would be approximately 6 months from the date of filing the Plaint. A party has the right of appeal from a Judgment of Divorce to the Civil Appellate Court in the first instance and thereafter to the Supreme Court.
The institution of legal proceedings would require information and documents to include:
- Full names of the parties and addresses in Sri Lanka (either party must be domiciled in Sri Lanka);
- Date and place of marriage;
- Full names of children (if any);
- Addresses of the matrimonial home/homes;
- A note to include the reasons for divorce and the timeline of events leading to the seeking of the divorce;
- Claims to be made, such as alimony, custody etc.
- Original marriage certificate or a certified copy of the same, issued by the issuing authority to file in Court;
- Original /certified copies of Birth certificates of children (if any)
- The Proxy of the lawyer signed by you appointing the lawyer to act on your behalf
For further information, please contact:
Hasanthie Manukulasooriya, Partner, D. L. & F. De Saram
su@desaram.com
