Find answers to frequently asked questions about Australian and Sri Lankan legal issues. Every published answer is general information only and is reviewed before publication.
An Australian property settlement order may create binding obligations concerning property in Sri Lanka, including obligations to transfer an interest or sign documents. However, it should not be assumed that the Australian order automatically changes the registered ownership of Sri Lankan land. The required conveyancing, execution and registration steps depend on the property and Sri Lankan law. Separate Sri Lankan legal advice may therefore be required to implement the Australian arrangements. In some circumstances, a person who is in Australia on a Visitor visa may be able to apply for an onshore Partner visa. However, this depends on the conditions attached to the current visa, including whether a No Further Stay condition applies, as well as the person's individual circumstances and eligibility for the Partner visa. Read our article: Can You Apply for a Partner Visa While in Australia on a Visitor Visa? Generally, yes. If you are dealing with a property settlement in Australia, relevant property and financial interests in Sri Lanka should not be ignored simply because they are located overseas. This may include land, houses, apartments, bank accounts, shares, businesses and other financial interests in Sri Lanka. The Australian family law duty of disclosure requires parties to provide full and frank disclosure of relevant financial information and documents. For advice about your circumstances, contact AustraLanka Lawyers. No. Following the Powers of Attorney (Amendment) Act, No. 3 of 2024, a power of attorney executed outside Sri Lanka does not ordinarily require two additional witnesses. It must, however, be executed before a person legally authorised to attest it and must satisfy the requirements applying to its intended use. An Australian lawyer may be able to witness and attest the document where authorised under applicable Australian law and where that method is suitable for the Sri Lankan process. Depending on the grantor’s citizenship and the requirements of the Sri Lankan Land Registry, bank, court or other receiving authority, an Australian Notary Public, DFAT authentication or Sri Lankan consular processing may still be required. A foreign power of attorney should also generally be submitted for registration with the Registrar-General in Sri Lanka within three months of execution. Read more about signing and attesting a Sri Lankan power of attorney in Australia. No. If you file a sole divorce application, your spouse does not have to agree to the divorce or sign the application. You must ordinarily arrange for the filed divorce documents to be properly served on your spouse. Your spouse’s refusal to sign or cooperate does not, by itself, prevent the divorce from proceeding. For a joint divorce application, both spouses must agree to apply together and sign the required filing documents. Formal service between them is then unnecessary. A respondent cannot ordinarily stop a divorce simply because they do not want the marriage to end. However, they may dispute whether a legal requirement has been satisfied, including the required separation period, Australian jurisdiction, validity of the marriage or proper service. If you live in Australia and need someone to act on your behalf in Sri Lanka, the Power of Attorney should be prepared for its intended purpose and executed using a method accepted by the relevant authority in Sri Lanka. AustraLanka Lawyers can assist with drafting Powers of Attorney relating to property, court proceedings and family matters, explain the applicable signing and attestation process, and coordinate with a Sri Lankan lawyer where necessary. The precise requirements depend on the grantor’s citizenship, the purpose of the document and the requirements of the Sri Lankan Land Registry, bank, court or other receiving authority. General information only. This is not legal advice. The requirements depend on the circumstances and may change. If you make a sole Application for Divorce and your spouse is in Sri Lanka, the documents generally need to be served in accordance with the Court’s requirements for overseas service. The Federal Circuit and Family Court of Australia states that service on an overseas spouse must occur at least 42 days before the hearing. You cannot personally serve your own divorce documents. The appropriate service method depends on the circumstances and applicable international arrangements. If the spouse cannot be found or cannot be served, the Court may consider an application for substituted service or dispensation of service, supported by evidence of reasonable attempts to locate them. Read our detailed guide: How to Serve an Australian Divorce Application on a Spouse in Sri Lanka. General information only, not legal advice. No. There is no automatic rule that a former spouse receives part of inherited property simply because separation occurs. An inheritance in Sri Lanka may still be relevant to an Australian property settlement. The timing and value of the inheritance, the parties’ contributions and their current and future circumstances may need to be considered. Read the full guide about inherited property in Sri Lanka and separation in Australia. General information only. Not legal advice. No. Australian family law does not have an automatic rule requiring property to be divided 50/50 after separation. The outcome depends on the circumstances of the particular relationship. Relevant considerations can include the parties’ property and liabilities, financial and non-financial contributions, contributions as homemakers and parents, and their current and future circumstances. A 50/50 division may be appropriate in some cases, but a different outcome may be appropriate in others. For advice about your circumstances, contact AustraLanka Lawyers. Yes, in many cases. Your spouse living in Sri Lanka does not, by itself, prevent an Australian divorce if the jurisdictional, separation and other requirements are met. A sole application may proceed without your spouse agreeing or signing the application, but the filed documents must ordinarily be served correctly. Different steps may apply if your spouse cannot be found or will not cooperate. Read our detailed guide: My Spouse Lives in Sri Lanka — Can I Get Divorced in Australia? It depends on the orders, proceedings and passport arrangements. If relevant parenting orders are in force or parenting proceedings are pending, sections 65Y and 65Z of the Family Law Act 1975 may make departure without the required authenticated written consent or a court order an offence. Sections 65YA and 65ZAA may apply if a child is retained overseas beyond the authorised period. If there are no orders or pending proceedings, Australian law does not impose a universal rule that every trip requires the other parent’s consent. However, passport consent, a court order or resolution of a parenting dispute may still be necessary. A Child Alert Request and the Family Law Watchlist have different functions. Read Can a Parent Take a Child from Australia to Sri Lanka After Separation? for the detailed explanation. General information only. This is not legal advice. The law and its application depend on the facts and may change. No. The Family Law Act 1975 (Cth) creates broadly consistent national rules for divorce, parenting and many post-separation property matters. However, Western Australia has its own Family Court and applies Western Australian legislation to some disputes involving de facto partners and children whose parents were never married. Child protection, adoption and family violence protection orders are also principally governed by state or territory laws. The correct legislation and court therefore depend on the type of issue, the parties’ relationship status, their location and any interstate or overseas connections. The detailed article explains these jurisdictional differences and why Western Australian and overlapping state-law matters require particular care. General information only. This is not legal advice. The law and its application depend on the facts and may change.Frequently asked questions
1. Can Australian property settlement orders transfer a house or land in Sri Lanka?
2. Can I apply for an Australian Partner visa while I am on a Visitor visa?
3. Can I stay in Australia if my Partner visa relationship ends because of family violence?
4. Do I have to disclose property I own in Sri Lanka in an Australian property settlement?
5. Does a Sri Lankan power of attorney signed in Australia need two witnesses?
6. Does my spouse have to agree to a divorce in Australia?
7. How can I make a Power of Attorney for Sri Lanka while living in Australia?
8. How do I serve an Australian divorce application on a spouse in Sri Lanka?
9. I inherited a house or land in Sri Lanka. Can my ex claim it if we separate in Australia?
10. Is property always split 50/50 after separation in Australia?
11. My spouse lives in Sri Lanka. Can I still get divorced in Australia?
1. Can I take my child to Sri Lanka if the other parent does not agree?
2. Is family law the same in every Australian state?
This page does not provide legal advice. Submitting an enquiry does not create a solicitor-client relationship; engagement must be confirmed in writing.