Family Law
Divorce, Custody, Maintenance and matrimonial property.
SC Legal advises individuals and families on Mauritian family law under the Code Civil Mauricien and related statutes. We act on divorce and judicial separation, custody and parental authority, maintenance, division of matrimonial property, marriage contracts and prenuptial agreements, succession planning and protection orders, including for international families with assets or children in more than one country.
Family matters often overlap with company shares, trusts and property abroad. We handle the family law and the asset questions together, so that a settlement or a court order can actually be implemented.
What family law work do we handle?
- Divorce, by mutual consent or contested, and judicial separation.
- Custody, parental authority, access and relocation of children.
- Maintenance for spouses and children, and its enforcement.
- Liquidation and division of matrimonial property.
- Marriage contracts, prenuptial and postnuptial arrangements.
- Multi-jurisdictional prenuptial agreements for international couples.
- Succession planning, wills and the interaction with forced heirship.
- Protection orders under the Protection from Domestic Violence Act 1997.
Divorce in Mauritius
Divorce proceedings are heard by the Family Division of the Supreme Court. A divorce can be granted by mutual consent, where the spouses agree on the divorce and its consequences, or on the contested grounds set out in the Code Civil Mauricien. Contested proceedings take longer and turn on evidence, so we always look first at whether a negotiated settlement is achievable.
The divorce judgment deals with the end of the marriage. The financial consequences, including the liquidation of the matrimonial property regime, are dealt with alongside it or in subsequent proceedings, often with a notary.
Matrimonial property and marriage contracts
What happens to property on divorce or death depends on the couple's matrimonial regime. Under article 1400 of the Code Civil Mauricien, spouses who marry without a marriage contract are under legal community of property, unless they opt for the legal regime of separation of property. Spouses can also adopt a tailored regime by a marriage contract executed before a notary before the marriage. A change of regime during the marriage must be homologated by the Judge in Chambers.
For international couples, a Mauritian marriage contract may need to work alongside agreements governed by other laws. We draft marriage contracts and coordinate with foreign counsel so that the arrangement is consistent across the countries involved.
Children: custody, parental authority and maintenance
Decisions about children are made in their best interests. Parental authority is normally exercised by both parents, and the court decides residence, access and maintenance where the parents cannot agree. The Children's Act 2020 sets out the wider framework of children's rights and protection. We act in custody and access proceedings, in maintenance claims and their enforcement, and in disputes about a child's relocation abroad.
Succession planning
Mauritian succession law reserves a portion of an estate for certain heirs, so a person cannot always leave property as they wish. We advise on wills, gifts and the use of companies, trusts and foundations in estate planning, within the limits the Code Civil Mauricien sets.
Frequently asked questions
How do I get a divorce in Mauritius?
A divorce is sought before the Family Division of the Supreme Court, either by mutual consent, where both spouses agree on the divorce and its consequences, or on a contested ground under the Code Civil Mauricien. The division of property follows the couple's matrimonial regime.
What happens to property on divorce in Mauritius?
It depends on the matrimonial regime. Under legal community of property, which applies unless the spouses opted for separation or signed a marriage contract, assets acquired during the marriage are generally shared. Under separation of property, each spouse keeps what they own. The regime is then liquidated, often with a notary.
Is a prenuptial agreement valid in Mauritius?
Yes, in the form of a marriage contract executed before a notary before the marriage. Couples who only want separation of property can instead opt for the legal regime of separation. A marriage contract cannot override rules of public order or the reserved shares of heirs.
How is custody of children decided in Mauritius?
The court decides according to the best interests of the child. Parental authority is normally shared by both parents, and the court fixes where the child lives, access for the other parent and maintenance where the parents cannot agree.
Read the frequently asked questions on divorce and family law, or contact us to arrange a confidential appointment.