FAQ ABOUT DIVORCES IN MAURITIUS

Who can file for a divorce?

Divorce proceedings can be started in the following cases:

(a) the petitioner is a citizen of Mauritius;

(b) the petitioner was a citizen of Mauritius at the time of his marriage;

(c) the petitioner is married to a citizen of Mauritius;

(d) the petitioner was married in Mauritius; or

(e) the petitioner is a resident of Mauritius and has resided in Mauritius for a continuous period of at least one year.


Do I need to be in Mauritius to obtain a divorce in Mauritius?


A petitioner will need to attend court at least three times in Mauritius before a divorce is pronounced. This generally applies for a simple divorce, which is undefended.


How can I obtain a divorce if I have been married for less than 2 years?


A person who has been married for less than two years can only lodge a divorce petition based on a “faute” commited by the other spouse.


How can I obtain a divorce if I have been married for more than 2 years?


Spouses who accept that their marriage have irretrievably broken down or spouses who mutually agree to ask for divorce can apply for divorce not less than 2 years after their marriage.


I am separated from my spouse. Can I obtain a divorce?


A person can ask for divorce on the ground of separation provided that such separation has been for a period of at least three years.


I got married in Mauritius but obtained my divorce abroad. What can I do for my divorce to be recognised in Mauritius?


You can apply for the foreign judgment of divorce to be made executory under the Supreme Court (Exequatur of Foreign Judgments in Divorce Cases) Rules 2004.


How long does it take to obtain a divorce in Mauritius?


The time frame will depend upon the circumstamces of the case. A simple divorce where both parties agree can take as short as 6 months but a defended case can take years.



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