Imagine that you have won a court case in another country.
The court has ordered someone to pay you money. However, that person has returned to Sri Lanka or has property and other assets here.
You may be wondering:
Can I use that foreign judgment in Sri Lanka, or do I have to start another court case?
A similar question arises when someone obtains a divorce overseas and needs that divorce to be legally recognised in Sri Lanka.
These situations are becoming increasingly common as more Sri Lankans live, work, conduct business and establish families abroad.
Sri Lanka now has a specific law dealing with the recognition and enforcement of foreign court judgments.
The Reciprocal Recognition, Registration and Enforcement of Foreign Judgments Act, No. 49 of 2024, which came into operation on 26 March 2025, provides a legal process for dealing with qualifying judgments from other countries.
Here is what you should know.
1. Can You Use a Foreign Court Judgment in Sri Lanka?
Yes, in certain circumstances.
A judgment given by a court in another country may be recognised, registered or enforced in Sri Lanka if it meets the requirements of the law.
For example, a foreign court judgment might:
- Order a person or business to pay money.
- Determine legal rights between parties to a dispute.
- Dissolve a marriage through divorce.
However, the law does not cover every foreign court decision.
The country where the judgment was delivered, the nature of the judgment and the circumstances of the original proceedings all matter.
It is also useful to understand the difference between two terms.
Recognition means accepting that a foreign court judgment has legal effect in Sri Lanka.
Enforcement means taking legal steps to give effect to a judgment, such as recovering money that the foreign court has ordered someone to pay.
A foreign divorce, for example, generally requires recognition rather than enforcement.
2. Which Countries Are Covered?
Sri Lanka does not automatically recognise every judgment delivered anywhere in the world under this Act.
The law applies to judgments from countries officially designated by the Sri Lankan Government, subject to the other legal requirements.
Gazette Extraordinary No. 2429/51, published on 28 March 2025, identified 53 countries.
These include:
- Australia
- Canada
- United Kingdom
- India
- New Zealand
- Singapore
- Malaysia
- Maldives
- South Africa
- Pakistan
The United States is not included in that Gazette's list.
Therefore, if you have obtained a judgment in a country that is not covered by the relevant Gazette Orders, its legal effect in Sri Lanka will require separate consideration.
Even if your judgment comes from a listed country, it does not automatically qualify for recognition or enforcement.
The judgment itself must meet the relevant legal requirements.
3. What If Someone Owes You Money Under a Foreign Judgment?
Consider this example.
A Sri Lankan business enters into a commercial agreement with a company operating in Australia.
A dispute arises, and the Australian court orders the other company to pay an outstanding debt.
The company does not pay, but it has assets in Sri Lanka.
Can the successful party recover the money here?
Under Act No. 49 of 2024, a qualifying Australian court judgment may be registered and enforced in Sri Lanka.
Once properly registered, the judgment generally has the same legal force and effect for enforcement purposes as a judgment delivered by the registering Sri Lankan court.
This means that a successful party may be able to take enforcement steps in Sri Lanka without having to bring another case to decide the original dispute all over again.
However, registration does not guarantee that the money will be recovered. The availability of assets and the applicable legal procedures will still matter.
4. What If You Obtained a Divorce Overseas?
Foreign divorce judgments are another important area covered by the Act.
Suppose you married in Sri Lanka, moved to Canada and later obtained a divorce from a Canadian court.
You may need that divorce recognised in Sri Lanka before dealing with matters concerning your marital status.
The Act provides a separate process for recognising qualifying foreign divorce judgments involving marriages registered under Sri Lanka's Marriage Registration Ordinance.
The requirements for recognising a divorce are different from those for enforcing a money judgment.
If your concern relates specifically to an overseas divorce, read our separate guide:
How to Get a Foreign Divorce Recognised in Sri Lanka.
That article explains the eligibility requirements, documents and court procedure in greater detail.
5. Does Every Foreign Court Judgment Qualify?
No.
The Act generally requires the foreign judgment to be final and conclusive between the parties.
It also contains requirements concerning the relationship between the dispute, the parties and the country where the judgment was delivered.
For example, relevant considerations may include whether a party lived or carried on business in that country, whether the person against whom the judgment was given accepted the foreign court's jurisdiction, or whether the judgment concerns property connected with Sri Lanka or the foreign country.
The precise requirements depend on the type of judgment.
Certain matters are excluded from the Act, including specified judgments relating to:
- Matrimonial property settlements.
- Insolvency and company winding-up.
- Guardianship, child custody and maintenance of minors.
- Certain matters relating to persons of unsound mind.
Foreign judgments concerning taxes, fines and other specified penalties are also excluded.
International arbitration awards are subject to a separate legal framework.
Therefore, it is important to identify exactly what the foreign court has decided before attempting to enforce that decision in Sri Lanka.
6. How Do You Apply to Enforce a Foreign Judgment?
The process generally involves the following steps.
Step 1: Obtain the Foreign Court Judgment
You should obtain the final judgment and the required certificate from the relevant foreign court authority authenticating it.
The judgment should establish the rights or obligations you wish to have recognised or enforced.
Step 2: Prepare the Supporting Documents
Depending on the circumstances, you may require documents concerning the parties, the foreign court proceedings and the judgment.
Where the foreign judgment is not in English, the Act prescribes translation requirements.
Step 3: Apply to the Appropriate Sri Lankan Court
For qualifying foreign judgments other than divorce, annulment or judicial separation, the District Court of Colombo has jurisdiction.
The Act also allows the Minister to designate other courts through Gazette Orders.
The application is made under the applicable court procedure, supported by the required documents and affidavits.
Step 4: The Court Considers the Application
The court examines whether the judgment satisfies the statutory requirements.
If the conditions are met, the court may register the foreign judgment.
Once registered, it may be enforced according to the law applicable in Sri Lanka.
If part of the amount awarded has already been paid, only the outstanding portion may be enforced.
7. Is There a Time Limit?
Yes.
The Act generally requires an application to be made within ten years from the date of the final foreign judgment.
However, an application made after ten years may still be considered if the applicant satisfies the court that there are valid reasons for the delay.
The Act also requires the court to conclude the initial application proceedings within six months, based on written materials.
This should not be understood as a guarantee that every matter will be fully completed within six months.
8. Can the Other Party Challenge the Judgment?
Yes.
The Act provides safeguards for people who may be affected by registration of a foreign judgment.
For example, registration may be set aside where:
- The foreign judgment was obtained through fraud.
- The person against whom it was delivered did not receive sufficient notice to defend the foreign case.
- The judgment has subsequently been reversed or set aside on appeal.
- The registration did not satisfy the applicable legal requirements.
A party cannot necessarily prevent enforcement merely by saying that they disagree with the foreign court's decision.
The legal grounds for challenging registration must be considered.
9. What Should You Check Before Taking Legal Action?
If you already have a foreign court judgment, consider the following questions:
Which country delivered the judgment?
Check whether it is covered by the applicable Gazette Orders.
What did the court actually decide?
A money judgment, divorce judgment and child custody order may have different legal consequences.
Is the judgment final?
A provisional or incomplete court decision may not satisfy the requirements of the Act.
How long ago was it delivered?
The date is important because the Act specifies a general ten-year application period.
What do you want to achieve in Sri Lanka?
Recognising a legal status and recovering money are different processes.
Understanding these matters before filing an application may help avoid unnecessary expense, delay and procedural difficulties.
Conclusion
Winning a court case overseas may resolve a legal dispute in that country, but it does not always mean that the judgment will automatically have the same effect in Sri Lanka.
Act No. 49 of 2024 provides an important mechanism through which qualifying foreign court judgments may be recognised, registered and enforced.
If you have obtained a foreign court judgment, you may be able to rely on it in Sri Lanka without starting the original dispute again.
However, whether that is possible depends on the country, the type of judgment and the applicable legal requirements.
Understanding your legal position before taking action is an important first step.
Legal Sources
- Reciprocal Recognition, Registration and Enforcement of Foreign Judgments Act, No. 49 of 2024.
- Gazette Extraordinary No. 2429/51 of 28 March 2025.
This article is for general legal information and public education. It is not legal advice or an Attorney-at-Law/client relationship. The law applicable to an individual judgment depends on the facts and relevant legal requirements.