The absence of a clear legal framework to recognize, register, and enforce foreign divorce judgments has been a longstanding lacuna in Sri Lankan law. This issue was largely unaddressed until the Court of Appeal, in a landmark decision delivered in 2023, proceeded to specify criteria that should be taken into consideration. While this case paved the way for a foreign decree of divorce to be valid and effectual in Sri Lanka, it also emphasized the pressing need for legislative reform in this area of law.
The Parliament of Sri Lanka took a significant legislative initiative by enacting the Reciprocal Recognition, Registration and Enforcement of Foreign Judgments Act, No. 49 of 2024, effective from Gazette No. 2429/51 dated 28th March 2025, to address this issue. The Act provides a clear process to recognize, register and enforce both foreign divorce judgments and foreign monetary judgments from 53 countries, including the United Kingdom, Australia, and India.
An applicant who is seeking recognition for foreign divorce judgements under this Act must do so within ten years from the date of the final judgment, having satisfied the criteria under Section 3(1)(b) of the Act and must submit a certificate issued by the relevant authority of the original court authenticating the judgment. The application must be made by way of a summary procedure to the District Court of Colombo or the District Court within whose jurisdiction any party to the judgment resides.
As per Section 6 of the Act, if the foreign judgment for the dissolution or annulment of a marriage or separation of the parties to a marriage was given inter parte, the District Court shall pronounce a declaration recognizing such judgment in Sri Lanka (“a declaration”). In any event, if the foreign judgment was obtained ex parte, the registering court shall issue a notice to the other party to the marriage(“The Respondent”). The respondent may object to the application on the grounds set out in Section 7. If no objections are raised within the stipulated time, the court will formally declare the foreign divorce judgment valid in Sri Lanka. If the respondent fails to satisfy the registering court of the existence of any ground for the refusal, the court may reject such objection and shall pronounce a declaration.
Once the court pronounces the declaration, the Registrar of the court shall send a certified true copy of such declaration to the Registrar-General of Marriages, for the purposes of the Marriage Registration Ordinance.
The introduction of the new legislation provides a comprehensive and structured framework for the recognition of foreign divorce judgments in Sri Lanka. It addresses a longstanding legal gap and offers greater clarity, consistency, and certainty for individuals seeking to have such judgments recognized under domestic law.
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FAQ’s
- The judgment must relate to a marriage registered under the Marriage Registration Ordinance (Chapter 112).
- At the time of the judgment:
- either party to the marriage was domiciled in the issuing country; or
- either party was habitually resident in that country for a period of not less than one year immediately prior to the judgment; or
- either party was a national of that country; or
- both parties submitted to the jurisdiction of that foreign court.
- The application for recognition must be made within ten (10) years from the date of the final judgment.
- The foreign judgment must be final and conclusive in the country where it was delivered.
- The judgment must be issued by a competent court with lawful jurisdiction to dissolve the marriage, and the proceedings must have been conducted in accordance with principles of natural justice and fair process.
- The Act applies only to judgments originating from foreign countries specified in Gazette No. 2429/51 dated 28 March 2025.
The applicant must apply to the District Court of Colombo, or the District Court having jurisdiction over the area in which any party to the judgment resides.
If a foreign divorce judgment was given ex parte, the Sri Lankan court will require that notice be given to the non-participating party and will allow them an opportunity to make representations or objections before granting recognition
The act specifies that, a certificate issued by the relevant authority of the which the judgment was given authenticating the divorce judgment (i.e. Certified copy of the judgement) accompanied by a translation if it is not in English.
The following documents may also be required.
- Proof that Both Parties Received Notice of Proceedings
- A certified copy of the Marriage Certificate
- Identification documents (i.e. passports)
