Court recognises Sri Lankan marriage divorced in USA

The Colombo District Court has recognized and enforced a foreign decree of divorce for a marriage contracted in Sri Lanka. The court issued a decree of dissolution of marriage in favor of a plaintiff residing in California, upholding international legal standards related to marriage laws.

Judge R.A.M. Rajapakse delivered the judgment, facilitating the plaintiff in obtaining a single status certificate. The case involved two Sri Lankan nationals whose marriage was legally recognized in Sri Lanka. After moving to the United States, they decided to divorce. The plaintiff needed proof of single status from Sri Lanka to remarry in Fiji.

Senior Counsel Ian Fernando, representing the plaintiff, informed the court that his client had obtained a divorce in the US and wanted to remarry in Fiji, where proof of single status from Sri Lanka was required.

The plaintiff sought an order from the Sri Lankan legal system to recognize and enforce the US divorce decree. The goal was to obtain a certificate proving single status for remarriage in Fiji and to invalidate the existing marriage certificate in Sri Lanka.

The Court of Appeal (CA/WRIT/266/2021) held that a District Court in Sri Lanka can accept a valid document proving the dissolution of a marriage issued by a competent court in another country, subject to specific guidelines and evidence law provisions. These guidelines include verifying the foreign court's jurisdiction to dissolve marriages, ensuring both parties resided in the foreign country for a reasonable period, and confirming active participation of both parties in the foreign divorce proceedings.