My Spouse Lives in Sri Lanka — Can I Get Divorced in Australia?

By Miyuru Asiri Dissanayake
Principal Solicitor, AustraLanka Lawyers

Last reviewed: 18 September 2026

Short answer: Yes, in many cases. Your spouse living in Sri Lanka does not, by itself, prevent you from obtaining a divorce in Australia. An Australian court must have jurisdiction, the marriage must meet the applicable requirements, and you must ordinarily have been separated for at least 12 months. If you file a sole application, your spouse does not have to agree to the divorce, but the filed documents must usually be served correctly.

This guide explains the overall Australian divorce pathway where one spouse lives in Australia and the other is in Sri Lanka. For the detailed overseas-service process, see our guide on serving an Australian divorce application on a spouse in Sri Lanka.

Can I get divorced in Australia if my spouse lives in Sri Lanka?

Potentially, yes. Under section 39(3) of the Family Law Act 1975 (Cth), divorce proceedings may be commenced in Australia if, when the application is filed, either spouse is an Australian citizen, is domiciled in Australia, or is ordinarily resident in Australia and has been so resident for the preceding year.

The marriage must also have broken down irretrievably. Section 48 provides that this is established where the parties have separated and lived separately and apart for a continuous period of at least 12 months immediately before filing, and there is no reasonable likelihood of cohabitation resuming.

The fact that your husband or wife remains in Sri Lanka is therefore relevant to practical matters such as communication and service, but it does not by itself prevent an Australian divorce.

We were married in Sri Lanka — can we divorce in Australia?

In many cases, yes. The country in which the marriage took place does not, by itself, determine where the divorce must be obtained. The Federal Circuit and Family Court of Australia states that parties married overseas may apply for divorce in Australia if one spouse meets the Australian eligibility criteria, the marriage was solemnised according to the law of the overseas country and a marriage certificate is produced.

If you may need to rely on the Australian divorce in Sri Lanka, that is a separate issue from obtaining the divorce in Australia. Read our related guide about being married in Sri Lanka and divorcing in Australia.

Does my spouse in Sri Lanka have to agree?

No, not if you make a sole divorce application and the legal and procedural requirements are satisfied. Australia has a no-fault divorce system. The Court does not decide who caused the marriage to end, and a spouse cannot ordinarily stop a divorce merely because they do not want it.

A joint application is made cooperatively by both spouses. A sole application allows one spouse to apply independently. Our comparison of a sole and joint divorce application in Australia explains the practical differences.

Does my spouse have to sign the divorce papers?

Your spouse’s signature is not required on a sole divorce application. However, agreement to divorce and service of the filed documents are different questions.

For a sole application, the applicant must ordinarily arrange for the filed divorce documents to be served on the respondent. The applicant cannot personally serve those documents. Evidence must then be filed to show that service occurred, or an appropriate Court order about service must be obtained.

Watch: What if my spouse in Sri Lanka will not agree to the divorce?

The video provides a short introduction. The legal and procedural information remains set out in text below.

How do I serve Australian divorce documents on somebody in Sri Lanka?

If your spouse is overseas and you file a sole application, the Court states that the documents must be served at least 42 days before the hearing. That is a minimum period, and overseas arrangements may require more time.

The correct method depends on the country, the applicable international arrangements, the respondent’s location and whether the respondent will acknowledge service. The Court’s guidance refers to service by post, service by hand by another adult, or service through a lawyer who has agreed in writing to accept the documents. Overseas service has additional requirements and should be planned before filing.

See the complete procedural guide: How to Serve an Australian Divorce Application on a Spouse in Sri Lanka.

What if my spouse refuses to accept the documents?

Refusal to cooperate does not automatically prevent a divorce. The important issue is whether service has been completed in a way permitted by the applicable requirements and whether there is sufficient evidence for the Court.

If ordinary service cannot be completed, legal advice should be obtained about the available procedural options. Do not assume that simply sending the documents informally will be enough.

What if I cannot find my spouse in Sri Lanka?

If you have made reasonable attempts but cannot locate or serve your spouse, you may be able to apply for substituted service or dispensation of service.

Substituted service allows documents to be served in another way likely to bring them to the respondent’s attention. Dispensation of service removes the requirement for service. The Court describes dispensation as a serious step requiring substantial evidence and ordinarily limits it to exceptional circumstances.

An application of this kind generally requires an Application in a Proceeding and an affidavit setting out the searches, enquiries and contact attempts already undertaken. The evidence and orders required depend on the circumstances.

Can I simply use WhatsApp, Facebook or email?

Do not assume that sending divorce documents by WhatsApp, Facebook, email or another electronic method automatically constitutes valid service.

The Court identifies electronic communication as a possible method of substituted service where an order is made. Evidence may be required to show that the account or address belongs to the respondent and that the proposed method is likely to bring the documents to that person’s attention.

Do I need my Sri Lankan marriage certificate?

A copy of the marriage certificate must ordinarily be filed with the Application for Divorce. If you cannot obtain it after reasonable attempts, affidavit evidence explaining the marriage and why the certificate cannot be provided may be required.

Names should be checked carefully against passports, citizenship documents and other identification. Differences in spelling or the order of names may require further evidence.

What if the marriage certificate is in Sinhala or Tamil?

If the marriage certificate is not in English, it must be translated. The translator must complete the Court’s Affidavit Translation of Marriage Certificate, attach the original certificate and the translation, and set out their qualifications to make the translation. The affidavit must be sworn or affirmed and filed with the divorce application.

Do I have to travel to Sri Lanka?

Not ordinarily merely because your spouse lives there. An Australian divorce application is filed through the Commonwealth Courts Portal, and many procedural steps can be managed from Australia. However, the Court controls hearing and attendance arrangements, and the practical requirements for service in Sri Lanka must still be addressed.

Separate steps in Sri Lanka may be required if you later need to rely on or register the Australian divorce there. Advice should be obtained about that separate process.

Divorce and property settlement are different

A divorce legally ends the marriage. It does not determine how property is divided, resolve parenting arrangements, decide child support or determine spousal maintenance.

If either spouse has land, a house, bank accounts, a business, an inheritance or other financial interests in Sri Lanka, those matters may require separate consideration. Read Property Settlement in Australia Involving Sri Lankan Assets and Do I Have to Disclose Property I Own in Sri Lanka in an Australian Property Settlement?.

How AustraLanka Lawyers can assist

If you are living in Australia and your spouse is in Sri Lanka, AustraLanka Lawyers can assist you with your Australian divorce application and the procedural requirements that may arise where your spouse is overseas.

Our broader Sri Lankan family and divorce lawyer Australia page explains the firm’s Australia–Sri Lanka family-law services.

Contact AustraLanka Lawyers for assistance with your particular circumstances.

Telephone: 0423 469 407
Email: miyuru@australankalawyers.com.au
Start an enquiry or arrange a consultation

Official Australian sources

Important: This article provides general information only. It is not legal advice and should not be relied on as a substitute for advice about your individual circumstances. Australian and Sri Lankan legal processes are distinct and may require separately scoped advice.