Family law in Sri Lanka covers a range of legal matters, from marriage and divorce to child custody and inheritance. Hence, understanding family law in Sri Lanka proves essential for individuals and families handling personal and family matters. Here’s an overview of the core areas of family law in Sri Lanka.
Marriage: Marriage Registration Ordinance of 1907
Marriage in Sri Lanka is regulated by the Marriage Registration Ordinance of 1907. Uniquely, this ordinance outlines the legal requirements for couples wishing to marry, including notification to the Registrar of Marriages. For this reason, marriages must occur in the presence of an authorized celebrant. Specifically, before marrying, couples must address legal impediments, such as any existing marriages.
Divorce: Matrimonial Causes Ordinance of 1911
When marriages break down, divorce in Sri Lanka falls under the Matrimonial Causes Ordinance of 1911. For example, grounds for divorce include adultery, cruelty, desertion, and an irretrievable breakdown of the marriage. To illustrate, divorce proceedings begin in the District Court. Here, judges may issue decrees for divorce, judicial separation, or nullity, depending on the case’s specifics.
Child Custody and Maintenance: The Guardianship of Infants Ordinance of 1890 and the Maintenance Ordinance of 1999
The Guardianship of Infants Ordinance of 1890 and the Maintenance Ordinance of 1999 regulate child custody and maintenance. Accordingly, following a divorce or separation, courts decide custody arrangements, prioritizing the child’s best interests. For example, judges consider factors such as the child’s age, welfare, and expressed wishes. Meanwhile, the non-custodial parent may need to pay child maintenance, supporting the child’s growth and education.
Inheritance and Succession
Inheritance laws in Sri Lanka are based on personal law, including Kandyan Law, Roman-Dutch Law, and the Tesawalamai Law. Therefore, these laws guide the distribution of an individual’s estate if there is no valid will. According to these principles, spouses, children, and relatives inherit portions of the estate based on the applicable succession law.
Domestic Violence and Protection: The Prevention of Domestic Violence Act of 2005
The Prevention of Domestic Violence Act of 2005 offers legal protection for domestic violence victims. Accordingly, through this act, victims can request court-issued protection orders to prevent further abuse or harassment. In effect, the law also provides mechanisms to enforce these orders and ensures support services for victims.
In conclusion
Understanding family law in Sri Lanka helps individuals manage legal issues related to marriage, divorce, and child custody. Further, family law applies to inheritance and domestic violence in Sri Lanka. By consulting qualified legal professionals, individuals can better protect their rights and interests under the laws and regulations in Sri Lanka.