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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10797
Experience:  Barrister 17 years experience
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I married in Mauritius under the seperation of goods,I am now

Resolved Question:

I married in Mauritius under the seperation of goods,I am now going through a divorce in the Uk will the mauritian law still stand ?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. No, English law will be applied to the divorce, not Mauritian law. Essentially, Mauritian law applied to all the incidents of marriage, but once you are lawfully resident in England at the time of the divorce and the English court validly has jurisdiction over the divorce, then English law will deal with all aspects of the divorce, including the division of assets on divorce. The important point for you is the recognition of the divorce in Mauritius, including the Orders of the English court if there is property in Mauritius. You will have to check with a Mauritius lawyer what foreign divorces and orders made in the divorce in England are recognised in Mauritius. If you have no property assets in Mauritius, then this is a not an issue. But for example, if there is property such as a house in Mauritius, then you want any orders of the divorce court in England to be recognised in Mauritius. It is a matter of local Mauritian law as to what foreign divorce orders are recognised there. So you need to check this if there is property in Mauritius before you get a divorce order in the UK. Whilst the UK divorce order is valid to end the marriage, you may want it to be enforced in relation to property in Mauritius.

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