Divorce Lawyer in Mauritius

Maître Jesha

Supreme Court of Mauritius – Family Division

This slide explains the process for varying a Divorce Order in case of a material change in circumstances, as per Section 15 of the
Divorce and Judicial Separation Act in Mauritius.

Issue
A civil marriage was contracted, and said marriage was
dissolved following a Divorce Order pronounced by the Supreme
Court of Mauritius – Family Division. A sum was agreed to be
paid as alimony but now there has been a material change in
circumstances or a significant decrease in revenue.

What to do?
Retain services of a Barrister at Law and an Attorney at law to
apply for a variation of the said Divorce Order.
Since the parties had been in matrimony and now been divorced,
Section 15 of the Divorce and Judicial Separation Act provides
for the possibility for the amendment of orders and agreements
and reads as follows:
The Court may at any time on application made by either
party, amend or discharge an order made under section 13,
an agreement made under section 14 or an agreement made
under article 238-3 of the Code Civil Mauricien, if it appears
necessary to do so, having regard to any material change in
the circumstances relating to either of the parties or to any
child.
The Court will pronounce itself on such application and
thereafter give judgment bearing in mind whether there is indeed
a material change in circumstance (which will have to be
demonstrated by the Applicant who initiates an Application to
vary said order).

THE LAW: CODE CIVIL MAURICIEN [Act 109/1805 Cap 179]

IV –DU DIVORCE PAR CONSENTEMENT MUTUEL

238-3. Le divorce peut être demandé conjointement par les époux lorsqu’ils s’entendent sur la rupture du mariage et ses effets, en soumettant à l’approbation du juge une convention réglant les conséquences du divorce.La demande peut être logée, soit par les avoués respectifs des parties, soit par un avoué choisi d’un commun accord.Le divorce par consentement mutuel ne peut être demandé au cours des vingt-quatre premiers mois du mariage. Added by [Act No. 2 of 2011]

Code civil Mauritius

EXPLANATIONS:

The Process of Divorce by Mutual Consent:

What we need from you?

Your feed to draft an agreement.

This agreement outlines various crucial aspects:

Divorce by mutual consent in Mauritius involves spouses jointly acknowledging the breakdown of their marriage and submitting a comprehensive agreement to the court for approval.

Who you need? LAWYER and ATTORNEY

You can choose mutually to have a sole lawyer and attorney to represent the interests of both of you,

or each of you may be represented by his or her legal representatives

I am going to be Your Lawyer

DIVORCE BY WAY OF MUTUAL CONSENT

True it is that your marriage did not work, and as adults, and ending your marriage in the most civilised manner is what is otherwise called as divorce by way of mutual consent.

FASTEST WAY FORWARD

You will make only two appearances :

The first one to sign at the registry of the family division of the Supreme Court

The second time you will both be present in court- called Presentation- where the divorce is provisionally pronounced by Her Honourable Judge sitting in Chambers

What you need to satisfy?

You and your spouse must have contracted civil marriage for at least 24 months (2 years) in order to lodge a divorce petition by way of mutual consent

For a thorough analysis and personalised and legal advice tailored to your unique situation, I invite you to reach out to me. Contact me at +230 59491579 by phone call or through whatsapp or email me at boodramjesha@outlook.com to schedule an appointment. My experienced legal team is here to guide you through the complexities of your case and provide the support you need. Kindly note that all consultations are confidential.

Yes. Such couple(s) can seek the Mauritius jurisdiction for their divorce.

In fact, per the Divorce and Judicial Separation Act 1982, one of the five essential criteria that must be met for a person to request a divorce in Mauritius:

(a) Mauritian Citizenship: The person seeking divorce must be a Mauritian citizen;

(b) Citizenship at Marriage: The person should have been a Mauritian citizen at the time of their marriage;

(c) Marriage to a Mauritian Citizen: The person can request a divorce if they are married to a Mauritian citizen.

(d) Marriage in Mauritius: If the marriage took place in Mauritius, the individual is eligible to file for divorce in Mauritius.

(e) Residency Requirement: The person must be a resident of Mauritius and have resided in the country continuously for at least one year.