Below is a brief insight on the law and procedure relating to the enforcement of a foreign divorce decree in Mauritius.
A foreign divorce decree can be made executory in Mauritius by persons who are desirous of getting re-married or simply for the divorce decree to be enforceable.
The procedure is normally initiated by an Attorney at Law who will draft the application to be presented before the Family Division of the Supreme Court.
Documents which are required for making the application are as follows:
-The original Divorce Decree duly legalised/apostilled in the country from where it originates.
If it is not legalised/apostilled, the application may be refused by the Judge of the Supreme Court. The object of legalising the decree is to verify the authenticity of the document.
- A recent marriage certificate delivered by the Civil Status Division (if applicable)
- A statement from the opposing ex-spouse that he/she does not object to the proceedings (if applicable)
Once the application has been lodged it will be served on the adverse party and the Judge will order the decree executory if he is satisfied with the application.
Nothing in this article shall be construed as legal advice from the author. Professional advice should therefore be sought before any action is undertaken based on this article. You are kindly advised to contact the author for more detailed and personalised legal advice.
A foreign divorce decree can be made executory in Mauritius by persons who are desirous of getting re-married or simply for the divorce decree to be enforceable.
The procedure is normally initiated by an Attorney at Law who will draft the application to be presented before the Family Division of the Supreme Court.
Documents which are required for making the application are as follows:
-The original Divorce Decree duly legalised/apostilled in the country from where it originates.
If it is not legalised/apostilled, the application may be refused by the Judge of the Supreme Court. The object of legalising the decree is to verify the authenticity of the document.
- A recent marriage certificate delivered by the Civil Status Division (if applicable)
- A statement from the opposing ex-spouse that he/she does not object to the proceedings (if applicable)
Once the application has been lodged it will be served on the adverse party and the Judge will order the decree executory if he is satisfied with the application.
Nothing in this article shall be construed as legal advice from the author. Professional advice should therefore be sought before any action is undertaken based on this article. You are kindly advised to contact the author for more detailed and personalised legal advice.
