Sri Lankan divorce and family law differs widely from the law in many Western countries. If you are getting a divorce and have connections there (you may have been married in Sri Lanka or be a Sri Lankan national living in the UK for example), you should always consider getting advice from an international divorce specialist.
You will often have a choice of jurisdiction when it comes to issuing a divorce petition. How you approach your divorce initially could significantly affect the outcome. We highlight some aspects of Sri Lankan divorce below.
Grounds for Divorce in Sri Lanka
Unlike many countries, including England and Wales Sri Lanka does not have a no-fault divorce regime. Instead, divorce in Sri Lanka is almost entirely fault-based. To get a divorce you must provide evidence of adultery, ‘malicious desertion ‘or ‘incurable impotence’ at the time of marriage.
The need to prove one of these grounds in court is given as one reason why the divorce rate in Sri Lanka is comparatively low, forcing couples to stay together long after a marriage is over. It also makes the process more acrimonious and makes negotiations for a settlement more difficult. Notably there is growing pressure to reform the law and move away from the necessity of one party having to prove the fault of the other.
The Civil Code does include a provision that a husband or wife can petition for divorce two years after a decree of judicial separation or after seven years separation (without establishing fault). But if seeking to convert the judicial separation to a divorce at a later stage a spouse will need to establish one of the fault grounds.
Sri Lanka also recognises certain customary laws, including the Kandyan and Thesavalamai legal systems, and religious laws such as Muslim law. This means that divorce outcomes can vary widely among different communities and geographical areas.
How do Sri Lankan Courts Deal with Finances on Divorce?
Whether you are seeking a lump sum, the transfer of property or periodical payments such as spousal maintenance, all orders are made at the discretion of the court. While courts aim to arrive at financial orders that are fair and meet the needs of the parties, there is no formal legislation dealing specifically with property division. This means it will often be difficult to assess what the likely result of a financial claim will be.
Both spouses can claim a share in property that the couple acquire during the marriage. Unlike many other countries however there is no presumption of equality. Ultimately the way matrimonial property is divided will depend on how effectively each side negotiates and the extent to which they can prove their contribution to particular assets.
Property that a spouse owned before marriage will usually be retained by them exclusively unless the other spouse can prove they have contributed to its ownership in some way. (Non-monetary contributions, such as childcare are relevant here.)
Child Arrangements
In relation to child arrangements, decisions are made in the interests of the child. Whilst historically courts favoured granting residence of children to mothers, more recently courts will assess each parent’s suitability as primary carer. When the children are older (over 14) judges will take their personal views into account when it comes to deciding living arrangements and contact with each parent. In practice many couples reach private agreements on residence, contact and child support. As long as these agreements are in the best interests of the child, the courts will uphold them.
Will my UK divorce be recognised in Sri Lanka?
Sri Lankan family law diverges widely from regimes in many other jurisdictions, but it is evolving in line with an increasingly mobile global workforce and changing social norms. The 2024 Reciprocal Recognition, Registration & Enforcement of Foreign Judgments Act, 2024 is one example of this. Foreign divorce decrees and financial orders had been recognised in principle in Sri Lanka since a landmark Court of Appeal decision in 2021 but there was no practical or streamlined process to force a reluctant spouse to comply with financial orders. The 2024 Act, which came into force in early 2025 changed this. Provided that the foreign divorce order:
- is final,
- is effective in the foreign country in which it was made, and
- was issued by a court with the necessary power and jurisdiction
then it will be fully recognised and enforceable by the courts in Sri Lanka. This is a significant reform in Sri Lankan law, benefitting individuals with a foreign financial order seeking to enforce it in Sri Lanka. The law covers divorce decrees made in 53 countries including Australia, South Africa and the UK.
Advice on Sri Lankan Divorce
We are a specialist firm of family law solicitors and we advise clients who have a connection with Sri Lanka. Our clients can include those who are UK–based but originate from Sri Lanka, are living in Sri Lanka but have a connection with England or Wales, were married in Sri Lanka, or have other family connections with Sri Lanka.
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