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ElaKiri Talk!
Divorce වන්දි පිලිබඳ නීති
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<blockquote data-quote="warwickuni" data-source="post: 26713210" data-attributes="member: 101444"><p>First Maintenance of a child (less than 18 years- can be extended if engaged in full time education ) is not to be confused with divorce. Both parents have obligation to maintain children and generally it is the male who does it. If he neglects Maintenance order can be obtained from Magistate's Court. This is very easy and cost of litigation is minimal(some lawyers will do it even free if mother is unable to pay). If the paternity of the child is admitted(if married there is presumption ). If unmarried DNA test will prove father(for that DNA testing fee needs to be paid ). Court can order interim payment considering income of the father. Normally one third of monthly income can be ordered but generally very high interim orders are rare. The interim order is valid till a final order is made after an inquiry .</p><p>Any number of applications can be made to enhance the maintenance orders , but needs to prove reason or change of circumstances. Enhance can be done only after an inquiry , but can be enharnced by consent. This is a payment for the child and not to the mother, but paid to the mother .</p><p>Damages to divorce is a separate issue and it is paid only to the innocent party of the divorce. In sri lanka law there is no 50% ownership of property owned by married parties. In most developed countries there is such law but not in sl.</p><p>Each parent will get entirely of property in their name.</p><p>Normally female asks for a damage and it is given depending on her loss. Even if female lives on home it will not be given to her or even 50% but a suitable damage will be granted at the time of divorce. So it is important to ask and obtain a appropriate damage before divorce is finalized. If not after divorce each party own their respective properties.</p><p>A property where life interest cannot be given by court as the event had not taken place to transfer free hold of property. So it will remain same even after divorce.</p><p>It is better personal issues of others are not published for the respect of privacy irrespective of their popularity .</p></blockquote><p></p>
[QUOTE="warwickuni, post: 26713210, member: 101444"] First Maintenance of a child (less than 18 years- can be extended if engaged in full time education ) is not to be confused with divorce. Both parents have obligation to maintain children and generally it is the male who does it. If he neglects Maintenance order can be obtained from Magistate's Court. This is very easy and cost of litigation is minimal(some lawyers will do it even free if mother is unable to pay). If the paternity of the child is admitted(if married there is presumption ). If unmarried DNA test will prove father(for that DNA testing fee needs to be paid ). Court can order interim payment considering income of the father. Normally one third of monthly income can be ordered but generally very high interim orders are rare. The interim order is valid till a final order is made after an inquiry . Any number of applications can be made to enhance the maintenance orders , but needs to prove reason or change of circumstances. Enhance can be done only after an inquiry , but can be enharnced by consent. This is a payment for the child and not to the mother, but paid to the mother . Damages to divorce is a separate issue and it is paid only to the innocent party of the divorce. In sri lanka law there is no 50% ownership of property owned by married parties. In most developed countries there is such law but not in sl. Each parent will get entirely of property in their name. Normally female asks for a damage and it is given depending on her loss. Even if female lives on home it will not be given to her or even 50% but a suitable damage will be granted at the time of divorce. So it is important to ask and obtain a appropriate damage before divorce is finalized. If not after divorce each party own their respective properties. A property where life interest cannot be given by court as the event had not taken place to transfer free hold of property. So it will remain same even after divorce. It is better personal issues of others are not published for the respect of privacy irrespective of their popularity . [/QUOTE]
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