Law of Persons, Marriage, Divorce and Succession
What the exam tests
This domain examines marriage, divorce, matrimonial property and succession across Sri Lanka's personal-law regimes: the general Marriage Registration Ordinance No. 19 of 1907, Kandyan law and the Kandyan Marriage and Divorce Act No. 44 of 1952, the Muslim Marriage and Divorce Act No. 13 of 1951, and Tesawalamai. The notary must identify the applicable regime before drafting.
Core rules
- General-law marriage requires capacity, consent, notice and solemnization or registration under the Marriage Registration Ordinance. Divorce in the District Court is allowed on specified grounds such as adultery, malicious desertion and incurable insanity.
- Kandyan and Muslim marriages are governed by their own statutes and customary authorities; registration and quorum rules differ.
- Matrimonial property: general law is largely separate property, while Kandyan and Tesawalamai rules may create different rights; Muslim law has its own dower and inheritance rules.
- Succession may be testate or intestate. The applicable personal law determines heirs and shares; a will must comply with the Wills Ordinance.
- Notaries often draft affidavits, consent letters, deeds of gift and powers of attorney in family matters.
Worked example
A deceased dies intestate leaving a spouse and two children. Before advising distribution, the notary must ask about domicile, community and marriage regime. If general law applies, the estate is distributed under the applicable intestacy rules; if Muslim or Kandyan law applies, the shares differ. Advising a fixed share without checking the personal law is unsafe.
Traps
Applying general law to every community; confusing divorce and nullity; ignoring matrimonial property; and assuming a marriage certificate proves all capacity issues.