Here for you: Please note that Brookman’s services remain uninterrupted during this time. Read more

Mauritius Divorce & Family Law

International Divorce & Family Law: Mauritius

Mauritian family law is heavily influenced by the island’s French and British colonial past. Since independence the family and divorce laws have been amended several times in an effort to redress some of the inequality that previously existed in relation to property rights.

We represent people in the UK getting divorced who have some connection with Mauritius – they may have got married there for example or one spouse may be Mauritian. We also represent British people resident or domiciled in Mauritius who need advice on the international factors at play in their divorce.

Here we discuss some notable aspects of family and divorce law in Mauritius.


Grounds For Divorce In Mauritius

The Civil Code and the Civil Status Act, 1982 set out the law relating to divorce in Mauritius. The grounds are:

  • By mutual agreement in marriages of more than two years’ duration
  • Irretrievable breakdown
  • Fault of one spouse
  • Three years’ separation

One area of uncertainty concerns religious marriages that have not been registered with the civil authorities. A lack of regulation of solely religious marriages means spouses in in this type of union have little or no protection when it comes to financial clams or property rights.

To begin divorce proceedings in Mauritius you must be:

  • A Mauritian citizen;
  • A citizen when you married;
  • Married to a Mauritian;
  • Married in Mauritius; or
  • Resident in Mauritius for more than 12 months


Financial Settlements And Mauritian Divorce

If you get divorced in Mauritius the courts will look at the financial regime that existed during your marriage. Under the Civil Code a community property regime will apply by default so that only property acquired after the marriage is jointly owned.

You and your spouse may choose a different regime for property ownership, including keeping all property separate. If you do decide to hold property separately you must have this choice formalised by deed.

Prenuptial agreements that may contain elements of both property regimes discussed above are common in Mauritius.

Your choice of property regime when you marry can only be changed after five years so any decision should be approached with caution. A separate property regime could lead to significant disadvantage for the financially weaker spouse on divorce.


Advice On Divorce In Mauritius

Where the courts of Mauritius and the UK could both potentially decide your divorce it’s important to get advice on which jurisdiction would be most appropriate for you. We act for UK nationals in Mauritius and Mauritian nationals in the UK, assessing the financial implications and the issues around child arrangements that may arise during your divorce.

Enquire Now

Got a question about Mauritius? ask us now...

Kindly complete the form below to send an enquiry.
Your message will be sent to one of our solicitors.
Everything you send in this form is secured and encrypted the moment you submit it.
Discretion is guaranteed.

  • 1. Personal Information:

  • You do not need to provide a telephone number, however, it is helpful for us should our email response not be successfully delivered to you
  • 2. More Information

    Is there anything else you would like to tell us at this stage?
  • This field is for validation purposes and should be left unchanged.

What our clients are saying:

‘WC’, London (March 2019)

“I really appreciate your thoughtful and considered advice, you’d be my first port of call if/when the need arises.”

Google Reviews

Brookman Solicitors

64 Reviews

Wim Jansen 24/06/2020

I contacted Brookman to ask for information regarding the validity of an international divorce court ruling. They were very quick in providing me with the right information. When I had another question a few months later around children matters I phoned them again and after taking some background information and contact details they booked me in for a free telephone consultation with 1 of their partners Talitha Brookman. She spent half an hour of her time explaining to me what I could expect and provided legal advice. All was free of charge. I would not hesitate to contact them again should any matter become more formal and have to go through court. The service has been quick, professional and very friendly.

Rebecca Brown 01/06/2020

Highly recommend this firm. Having searched around different firms for advice for some time, I had a free consultation with Henry Brookman. He was incredibly knowledgeable about my complex situation, gave straightforward advice and empowered me to understand exactly how I need to proceed.

Nik Carter 10/05/2020

I recently had a free initial consultation with Henry Brookman via video conference. He was considered and meticulous in his approach and gave me well thought through advice. He followed this up with a letter in writing summarising the advice he gave me. I would thoroughly recommend his services to anyone looking for legal representation in a divorce.

Sarah Jones 02/05/2020

Henry was extremely helpful and pleasant to speak with. He provided comprehensive advice in a matter of hours and responded promptly to any queries I had. I would highly recommend speaking with him.

Shazan Awam 19/04/2020

Very helpful and thorough advice. Highly Recommend!