THE DIVORCE AND JUDICIAL SEPARATION

The Divorce and Judicial Separation (Miscellaneous provisions) Act 2011 has been proclaimed this year and looks to be a welcome piece of legislation that might make cases of divorce in Mauritius more easy. 

Following the changes brought to the law, a divorce can now be pronounced in Mauritius on the following grounds:

Divorce for “faute”

A petition for divorce may be presented by a spouse where facts which constitute a serious or renewed violation of the duties and obligations of marriage are ascribable to the other spouse and render unbearable the continuance of community life.

Should one of the spouses be condemned to imprisonment for at least five years by a court of law for a criminal offence, the other spouse can ask for divorce on that ground.

A reconciliation of the spouses which occurred after the alleged facts prevents these facts being invoked as a ground for divorce.

Divorce for irretrievable break in the spouses' common life

A petition for divorce may be presented by a spouse where the marriage tie is irretrievably impaired.
An irretrievable break in the spouses’ common life results from the ending of the community of life between the spouses, where they have been living apart for three years before the petition.

Divorce by acceptance of the principle of the breakdown of the marriage

A petition for divorce may be presented, not earlier than twenty-four months after date of the marriage, by either spouse or by both jointly where they accept the principle of the breakdown of the marriage without consideration of the facts from which it originates.
Where the judge believes that each spouse has given freely his or her consent, the judge shall decree
divorce and rule upon its consequences.

Divorce by mutual consent

A petition for divorce may be presented, not earlier than twenty-four months after date of the marriage, jointly by the spouses where they agree on the breakdown of the marriage and its effects by submitting to the approval of the judge an agreement which regulates the consequences of the divorce.
The judge will approve the agreement and decree a divorce where he has acquired the belief that the intention of each spouse is real, that their consent is free and well informed, and that all necessary measures have been taken to try and reconcile the spouses.

He may refuse approval and not decree a divorce where he finds that the agreement insufficiently protects the interests of the children or of one of the spouses.


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