Your Guide to Divorce in Mauritius

Understanding the Divorce Process

Divorce is a significant legal step that requires careful consideration and adherence to specific legal procedures. It is end of one journey and the beginning of another. Divorce proceedings in Mauritius are heard before the Family Division of the Supreme Court in Port Louis. The process is governed by the Divorce and Judicial Separation Act and Article 229 of the Mauritian Civil Code.

1. Filing the Divorce Petition – The Attorney-at-Law prepares and files the Petition, while the Barrister vets and represents you before the Court. The petition outlines the grounds of divorce.

2. Court Appearances – Parties attend scheduled hearings in person while the Barrister and attorney advocate on their behalf.

3. Provisional Decree (Decree Nisi) – The Court confirms that the marriage has broken down.

4. Final Decree (Decree Absolute) – After three months, the divorce becomes final.

Types of Divorce in Mauritius

• Divorce for Fault (Divorce pour Faute)

• Rupture of Common Life (3 years separation)

• Acceptance of Marriage Breakdown

• Divorce by Mutual Consent (most amicable solution)

Required Documents

• Recent Marriage Certificate

• National Identity Card

• Birth Certificates of children (if applicable)

Most common divorce grounds are :

• Divorce for Fault

• Divorce by way of Mutual Consent

Divorce for Fault:

A divorce on the grounds of fault allows one spouse to file for divorce when the other has committed serious or repeated breaches of marital duties. Unlike mutual consent divorce, fault-based divorce is a confrontational legal process.

The starting point for divorce under this particular ground is that the initiating party must have a consultation with the Attorney at Law and Barrister at Law. At Vyas Adheen Law Office, we do provide the facility of virtual conference as well. During this conference, instructions will be taken and based on whatever you have related to the legal professional, a divorce petition will be prepared. The petition will then be lodged before the Supreme Court Family Division. The case will then be fixed for presentation where your spouse will come and give his stand about the petition. It can either be resisted or not resisted. The respondent does have the right to retain legal services as well to object and file cross petition.

Divorce by way of mutual consent:

Divorce by mutual consent is an amicable process in which both spouses agree to end their marriage and settle all related matters together, including financial and family arrangements.

The starting point for this divorce is that both parties must attend the Legal Office together. Thereafter the legal practitioner will prepare a divorce petition and annex with it there will be a mutual agreement which will govern the terms and consequences of the divorce. At Vyas Adheen Law Office, we try our maximum to lodge the petition on the same day of the first conference as we are well aware that it is not always easy for both parties to be able to be free at the same time on any other day. Once lodged, the matter will come for presentation and merits on a subsequent date. On that day provisional decree of divorce will be pronounced and the mutual agreement will be homologated. After 3 months the Divorce will become permanent.

Variation of Divorce Orders

Under Section 15 of the Act, alimony or child support orders may be varied if there has been a material change in circumstances.

Divorce for Couples Married Abroad and Expats

Mauritian jurisdiction allows divorce for couples who were married outside Mauritius, provided they meet one of the following criteria under the Divorce and Judicial Separation Act 1982:

• The petitioner is a Mauritian citizen.

• The petitioner was a Mauritian citizen at the time of marriage.

• The petitioner is married to a Mauritian citizen.

• The marriage was registered in Mauritius.

• The petitioner has resided in Mauritius for at least one continuous year before filing for divorce

Professional Legal Guidance

Divorce is a major life transition requiring both legal precision and compassion. Me Vyas Adheen provides strategic advice, courtroom advocacy, and confidential guidance to protect your rights and future.