A provisional decree is the court’s first decree after it is satisfied that divorce should be pronounced; it does not itself make the spouses free to remarry. A final, or permanent, decree is made after the statutory process has run. In ordinary cases, the provisional decree becomes permanent after three months unless an objection is lodged in time.
What a provisional decree of divorce is
Section 9 of the Divorce and Judicial Separation Act calls it a provisional decree. It is granted once the court is satisfied under the applicable route, subject to statutory protection for children’s financial arrangements. It records a significant judicial decision but preserves an interval before the final change of marital status.
Why Mauritian law uses a two-stage decree
The two stages distinguish a court’s decision that divorce should be pronounced from the final dissolution. The interval allows the statutory objection mechanism to operate. It also means parties have clear documentation of where the case stands, rather than relying on an informal understanding of the hearing.
The waiting period explained
Section 10 states that a provisional decree becomes permanent three months after it is granted, subject to an objection by motion lodged and served no later than fifteen days before expiry of that period. The three months runs from the date of the provisional decree, not from separation or filing. Check the actual court record for the relevant date.
Your legal status between the two decrees
Between the decrees, you remain married. Do not make decisions that depend on being finally divorced—particularly a new marriage—on the strength of the provisional decree alone. Separate financial, residence and parenting orders may operate during this time, but they do not change that basic status.
Can you remarry before the final decree
No. A provisional decree is not the final divorce. Wait until the decree is made permanent and retain the official documentation. If a foreign authority needs evidence, obtain advice on the document it requires rather than presenting a provisional decree as final.
Reconciliation during the waiting period
The law provides a route for objection before permanence. Reconciliation or a change of position should be addressed promptly through the appropriate procedure, not by simply failing to follow up. The effect of any reconciliation will depend on the procedural status and court order.
Obtaining and using the final decree
After expiry of the period, section 11A provides for an order making the decree permanent; the Registrar issues a rule and notifies the Registrar of Civil Status. An interested person may apply to the Registrar for a certified true copy. Keep it safely for remarriage, civil-status or overseas administrative purposes.
For the preceding steps, read Family Division procedure, contested divorce, fault divorce and divorce without consent. Legal aid information is in our legal-aid guide.
Related orders and final status
Maintenance, custody, visiting and property orders may have immediate practical effect, but they do not make a provisional decree final. The final decree also does not cancel separate orders; read and comply with each on its own terms.
For an overseas authority or formal administrative use, obtain the document it requires and allow time for certified copies, translation or authentication. If reconciliation or objection is contemplated, act before the statutory period expires.
A simple status check
When in doubt, ask three questions: what decree has the court actually granted, on what date, and has a subsequent order made it permanent? Do not rely on a hearing date, a conversation or an unsigned draft. This is particularly important when arranging remarriage, changing civil-status records or dealing with an authority outside Mauritius.
Where a party has received an objection or other application, the wording and date of service should be checked without delay. The consequence may depend on a short procedural interval.
Records to retain
Keep the provisional decree, the order making it permanent, any certified true copy obtained from the Registrar, and related maintenance or custody orders. Store digital copies separately from the originals. If documents are requested abroad, check whether the receiving authority requires a recent certified copy, translation, apostille or another form of authentication before making arrangements based on the decree.
These practical steps do not change the divorce, but they reduce the risk of discovering a documentation problem at the moment it is needed.
Where names, addresses or passport details have changed during proceedings, make sure the document presented to another authority is read alongside the relevant identity records. Ask the receiving authority what it needs; its requirements may be separate from the divorce procedure itself.
Frequently asked questions
Am I still married after a provisional decree?
Yes. A provisional decree is not the final dissolution of the marriage; the decree becomes permanent through the statutory process.
How do I get the final decree issued?
After the relevant three-month period, subject to any valid objection, the court orders the provisional decree to be made permanent and the Registrar issues the rule. A certified copy can be requested from the Registrar.
Can a provisional decree be reversed?
The Act contains an objection procedure before it becomes permanent. The precise options and effects depend on the facts and procedural stage, so obtain advice promptly.
How Lex Aquila Advocates can help
Lex Aquila Advocates advises on divorce and family-law proceedings, including the practical effect of court decrees. Contact use the enquiry form; enquire on WhatsApp; or call +230 5858 7956 · urgent matters.
This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.