Which law governs the marriage
Three regimes exist side by side. The general law, under the Marriage Registration Ordinance and the matrimonial chapter of the Civil Procedure Code, applies to most marriages, including all marriages registered under the general ordinance regardless of the parties' ethnicity. The Kandyan Marriage and Divorce Act No. 44 of 1952 applies to Kandyan Sinhalese who married under it. The Muslim Marriage and Divorce Act No. 13 of 1951 applies to Muslims and is administered through Quazi courts. Thesawalamai affects property rights of Tamils of the Northern Province but not the grounds for divorce.
The minimum age of marriage under the general law and Kandyan law is eighteen. The Muslim Act has no statutory minimum age, a point that remains the subject of reform proposals.
Grounds for divorce under the general law
Section 19 of the Marriage Registration Ordinance allows divorce on only three grounds: adultery after the marriage, malicious desertion, and incurable impotency at the time of marriage. There is no divorce by mutual consent and no "irretrievable breakdown" ground, although courts have developed the concept of constructive malicious desertion, where one spouse's conduct drives the other out of the home. Proposals to introduce no-fault divorce have been discussed for decades but had not been enacted when this guide was written.
A spouse who does not want a full divorce may seek a decree of separation a mensa et thoro, or judicial separation, on the ground of adultery, desertion or cruelty. A marriage can also be declared null, for example for bigamy, prohibited degrees or lack of consent.
Procedure in the District Court
A divorce action is filed as a plaint in the District Court where the parties last lived together or where the defendant resides. The defendant files an answer and may bring a claim in reconvention for divorce on their own grounds. Even an undefended case needs evidence; the plaintiff must prove the ground on a balance of probability, and collusion between the parties is a bar. If the court is satisfied it enters a decree nisi, which becomes a decree absolute after three months on application, unless cause is shown. Only after the decree absolute may either party remarry.
Divorce actions follow the Civil Procedure Code, so service, trial, judgment and appeal work as in any other civil case. Typical contested cases take years; undefended cases can be concluded within months.
Kandyan and Muslim divorces
Under the Kandyan Marriage and Divorce Act the grounds are broader: adultery by the wife, adultery by the husband coupled with incest or gross cruelty, complete and continued desertion for two years, inability to live happily together of which actual separation for one year is evidence, and mutual consent. Applications are made to the District Registrar, with an appeal to the District Court.
Under the Muslim Marriage and Divorce Act a husband may pronounce talaq, which must be registered with the Quazi after an attempt at reconciliation, and a wife may seek divorce by fasah on grounds recognised by Muslim law, or by khula with the husband's consent. The Quazi also decides mahr, maintenance (iddat) and related claims, with appeals to the Board of Quazis and then the Court of Appeal.
Custody of children
Under Roman-Dutch law the father was the natural guardian, but Sri Lankan courts now decide custody on the welfare of the child as the paramount consideration, taking account of age, the child's wishes where old enough, continuity of care and the conduct of the parents. Young children are commonly placed with the mother, with access to the father. Custody orders may be made in the divorce action or in separate proceedings, and can be varied when circumstances change.
Maintenance and property
The Maintenance Act No. 37 of 1999 allows a spouse and children, including children born outside marriage, to claim maintenance in the Magistrate's Court from a person with means who neglects to provide it. Maintenance can also be claimed in the divorce action itself, including permanent alimony after decree. Sri Lanka has a separate property regime: under the Married Women's Property Ordinance each spouse keeps their own property, and there is no automatic equal division on divorce. Claims to a share of property acquired during the marriage depend on contribution, the deeds and, for Kandyan and Thesawalamai marriages, their specific rules.
Researching family law with Lex
Family cases are decided on the facts, so the judgments on constructive desertion, custody and maintenance are as important as the statutes. Ask Lex "what amounts to constructive malicious desertion" or "can a Muslim wife obtain a divorce without the husband's consent" and open the authorities it cites. See also our guide to the personal laws and, for documents in Sinhala or Tamil, the translation guide.
Questions and answers
What are the grounds for divorce in Sri Lanka?
Under the general law, section 19 of the Marriage Registration Ordinance allows divorce on three grounds only: adultery after the marriage, malicious desertion, and incurable impotency at the time of marriage. Kandyan law adds further grounds including mutual consent, and Muslim law provides for talaq, fasah and khula through the Quazi court.
Is there divorce by mutual consent in Sri Lanka?
Not under the general law, which is fault-based. Mutual consent is a ground only under the Kandyan Marriage and Divorce Act. Muslim spouses may end a marriage by khula with the husband's consent. Reform proposals for a no-fault ground under the general law have not been enacted.
How long does a divorce take in Sri Lanka?
An undefended divorce in the District Court can be concluded within several months, after which the decree nisi becomes absolute three months later. Contested divorces follow the full civil procedure, with trial and possible appeal, and often take several years.
Who gets custody of children after divorce in Sri Lanka?
Courts decide custody on the welfare of the child as the paramount consideration, looking at age, continuity of care, the wishes of an older child and the parents' conduct. Young children are often placed with the mother with access to the father, but every case turns on its facts and orders can be varied.
This guide is general information, not legal advice. Last updated 6 October 2026.