Divorce is never an easy decision. It marks the end of one chapter and the beginning of another. In Mauritius, divorce proceedings are conducted before the Family Division of the Supreme Court, located on Edith Cavell Street, Port Louis.

If you are considering divorce, it is essential to be represented by both an Attorney-at-Law (Avoué) and a Barrister-at-Law (Avocat) who will prepare your case, file the required documents, and advocate on your behalf in court.

Understanding the Divorce Procedure in Mauritius

1. Filing the Divorce Petition

The process begins with your attorney drafting and your lawyer vetting and finalising the divorce for eventual filing of a Petition for Divorce before the Family Division. The petition outlines the grounds for divorce and the reliefs sought (such as custody, alimony, or property division (if mutual)).

2. Court Appearances

You must attend the scheduled court hearings in person.

Your barrister will advocate on your behalf and ensure that all legal requirements are met.

3. Provisional Decree (Decree Nisi)

If reconciliation is not possible, the Court grants a Provisional Divorce Decree confirming that the marriage has broken down.

4. Final Decree (Decree Absolute)

After a statutory period of three months, if no reconciliation occurs, the Court issues a Final Divorce Decree, officially dissolving the marriage.

Documents Required to File for Divorce

When preparing your divorce file in Mauritius, you will need:

A Recent Marriage Certificate

(issued within the last three months from the CIVIL STATUS OFFICE - any on the island and if you are married abroad and cannot get a recent one, ask your lawyer / attorney to guide you (we can still enter the divorce petition)

YOUR National Identity Card

Birth Certificates of any children

of the marriage (if any)

if born in Mauritius- dated less than three months (original from the civil status office)

if born abroad, talk to your lawyer or attorney (a copy can still be used)

Your legal representatives can help obtain certified copies if required.

Types of Divorce in Mauritius

Under Article 229 of the Mauritian Civil Code, divorce may be granted on one of the following grounds:

1. Divorce for Fault (Divorce pour Faute)

Granted when one spouse has seriously or repeatedly breached marital duties such as infidelity, abandonment, abuse, or criminal conviction. This form of divorce is based on evidence and often contested.

2. Divorce for Rupture of Common Life (Rupture de la Vie Commune)

If spouses have lived apart for at least three consecutive years, one may apply for divorce, provided that they can meet their obligations towards the other spouse and any children.

3. Divorce by Acceptance of Marriage Breakdown (Acceptation du Principe de la Rupture du Mariage)

This type of divorce is available when both spouses agree that their marriage has irretrievably broken down. It requires a minimum of 24 months of marriage.

4. Divorce by Mutual Consent (Consentement Mutuel)

The most amicable and efficient form of divorce, where both spouses jointly agree to end their marriage and settle all consequences together.

Divorce by Mutual Consent in Mauritius

Divorce by mutual consent allows couples to end their marriage peacefully, respectfully, and efficiently.

The Process

1. Drafting a Mutual Agreement that covers custody, alimony, division of property, and other post-divorce matters.

2. Filing the agreement before the Family Division of the Supreme Court.

3. Two brief appearances:

The first to sign at the court registry.

The second for the presentation before the Judge, where the provisional decree is issued.

4. The Final Divorce Decree is delivered three months later, finalizing the process.

Representation

Spouses may either:

Appoint one joint legal team, or

Retain separate lawyers for independent advice.

A qualified Divorce Lawyer in Mauritius ensures that all terms are legally sound and protect both parties’ rights.

Variation of Divorce Orders After Judgment

Life circumstances may change, and so can your divorce conditions.
Under Section 15 of the Divorce and Judicial Separation Act, either spouse may apply to vary or discharge an existing order, such as alimony or child support, if there has been a material change in circumstances.

Common Reasons for Variation

• Loss of employment or reduced income
• Increased financial needs of a child or ex-spouse
• Remarriage or cohabitation of one party
• Health issues affecting earning capacity

Procedure

1. Consult a Barrister and Attorney to prepare a formal Application for Variation.

2. Provide Supporting Evidence such as payslips, bank statements, or medical reports.

3. Court Review: The Family Division assesses the changes and may amend or discharge the existing order accordingly.

If you believe your situation has changed, professional legal advice is essential before filing.

Divorce for Couples Married Abroad

The Mauritian courts can hear a divorce petition even if the marriage took place overseas, provided one of the following applies 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.

Why Choose Etude Jesha Boodram

At Etude Jesha Boodram, we believe that every divorce deserves dignity, clarity, and compassion.
We handle each case with professionalism and discretion, offering strategic legal solutions tailored to your unique situation.

Our firm assists in:

• Divorce by Mutual Consent and Fault-Based Divorce
• Custody and Alimony Applications
• Property and Financial Settlements
• Variation of Divorce Orders
• Enforcement of Foreign Divorce Judgments

Speak to a Trusted Divorce Lawyer in Mauritius

Whether you are initiating a divorce or seeking to modify an existing order, having professional guidance can make a significant difference.
Contact Me. Jesha Boodram, Barrister-at-Law, for a confidential consultation and personalised advice.

Let us help you move forward with clarity, respect, and confidence.