Divorcing over the Change of Gender Status and its Consequences: A Proposal to Amend the Divorce Law of Sri Lanka.

Abstract

Marriage is usually based on inseparable natural and social attributes. The natural attributes of marriage are formed and reflected in all aspects of the legislation while the social attributes are determined by certain social and cultural norms. This dichotomy of attributes echoes the same way in the question of whether marriage continues to be valid after gender change. In Sri Lanka, a marriage is considered as the pioneer social union and further an ‘emotional and legal bond’ between a man and a woman. Nevertheless, according to the modern principles of family law, the main basis of marriage is probably no longer gender but emotional basis, common rights, obligations, and so forth. From this point of view, a simple change of gender will not lead to the dissolution of marriage, however, causes the breakdown of the couple’s feelings and emotions, and it can become the legal cause of divorce based on no-fault grounds. The key problem is that Sri Lanka has fault-based divorce laws that require individuals to establish specific grounds for divorce which makes the process complex and discouraging. This research analyzes the significant challenges ...