OFFICIAL PROCEDURES FOR A CIVIL WEDDING TO BE HELD IN MAURITIUS Preliminary procedures: The time of the wedding ceremony to be held either at the hotel or anywhere outside the premises of the Civil Status, must be communicated to us when documents are sent, at least five weeks prior to the wedding date. Requested documents: We must receive photocopies of all documents at least 5 weeks before the wedding date. Please note that all originals will be required during the formalities in Mauritius. 1 copy of the birth certificates of both parties 1 copy of the main pages of each passport (usually the first 3 pages) Any document relating to a previous divorce, the decease of previous husband/wife or a change of name (in case the bride has obtained her final decree of divorce less than 10 months before the new wedding date, we must also have a medical certificate confirming that she is not pregnant.The ceremony cannot be performed otherwise) A letter from both parties attesting that they want to get married in Mauritius and on the chosen date. This document should bear the current permanent address of each party and their profession. Procedures: During the formalities in Port Louis, the couple must be decently dressed, according to the Supreme Court rules: the gentleman should wear long trousers and shoes (shorts & miniskirts for both and slippers for the gentleman, are not allowed) After their arrival in Mauritius and at least 2 working days before the wedding day, the couple will have to come to our capital city, Port Louis for the following formalities: - First stop at the Civil Status Office to check passports and all original documents against the copies sent to us before the arrival. If everything is correct, the officer will remit to the couple a document certifying that they are non-residents of Mauritius - Second stop at the Attorney at Law’s office where an officer will prepare the draft of the affidavit and will accompany the couple to the Supreme Court - Third stop at the Supreme Court where the couple will swear the affidavit before the Chief Registrar - Fourth stop (after all the formalities in Port Louis), the couple will proceed to the Civil Status Office situated in the vicinity of their hotel for the preparation of the Bans - The wedding can be celebrated at least 24hr after the publication of the Bans (if all the formalities have been completed and are agreeable to all parties concerned) either at the Civil Status Office of the area where the couple is residing or in any private premises (the hotel for example) - The ceremony will be performed by the Civil Status Officer of the area where the couple is residing Notes: Other documents may be necessary in specific cases Documents can be sent either by fax or by email, should be legible and SHOULD BE in English or French The ceremony can take place on any weekday (from Monday to Friday) except public holidays and the final date will also depend on the availability of the Civil Status Officer The ceremony will be performed in English or in French If a translator is required, an additional fee will be applicable A NOTE TO HELP FUTURE SPOUSES IN CHOOSING A MATRIMONIAL SYSTEM Civil Status Division 7th Level, Emmanuel Anquetil Building Port Louis Mauritius In accordance with section 59 of the Civil Status Amendment Act No.30 of 1979, this note has been prepared mainly to inform future spouses about the several matrimonial systems they may opt for prior to their marriage. This information, which is being made available to them by Government, deals only with the main features and the general aspects of the different matrimonial systems being proposed. In no case, should this note be considered as a complete and full description of the legal provision in force. Future spouses should therefore, if they wish to have further details, consult a legal adviser. Various matrimonial systems proposed: The future spouses may, before their marriage, choose among three matrimonial systems which are: 1. The legal system of community of goods 2. The legal system of separations of property 3. A marriage settlement embodied in a notarial deed in accordance with the common wish of the future spouses. 1. The legal system of community of goods The Civil Code provides for a system of legal community of goods- this means that if the future spouses do not opt for a specific matrimonial system, if they marry without stating by what matrimonial system they wish to be governed, they are deemed to have chosen the system of legal community of goods. The legal community of goods as provided by the Civil Code is a community reduced to “acquisitions” characterized by the following features:(a) The main one, as regards the ownership of property between the spouses, is the existence of a mass of property which is common to both of them and which differs from the property belonging personally to either of them. The common property belongs in a state of in division (in co-ownership) to both spouses during the marriages. In the event of a divorce or a judicial separation the common property is shared equally between the spouses. If the marriage is dissolved by the death of one of the spouses or of both spouses the common property is divided between the surviving spouse and the heirs of the deceased spouse or between the respective heirs of both spouses as the case may be. The mass of the common property consist of “acquisitions” that is the whole of the property either movable or immovable acquired as from the date of the marriage by either of the spouses and which the law does not expressly consider as personal property. (It consists mainly of property purchased with money derived from the incomes or salaries of the spouses). Personal property includes immovable property which belonged to either of the spouses prior to the manager or which accrued to that spouse by succession or donation after the date of the marriage. It will remain the exclusive property of the spouse to whom tit belonged or to whom it accrued by way of inheritance or donation. (b) Under the system of the legal community of goods the administration of personal property differs from the administration of common property, that is : - each spouse has the usufruct and free disposition of his/her personal property each spouse has the power to administer the common property which has been obtained from his/her work. For example, the wife freely administers her common property which is derived from her gains emoluments and profits whereas the husband administers all the other common property. 2. The legal system of separation of goods and property To be governed by this system on the spouses must clearly express their wish accordingly on the celebration of their marriage. Under this system of separation of goods the husband or the wife retains the ownership of the property which he or she possessed prior to the marriage and those acquired during the marriage. Either spouse may administer such property and dispose of it freely without the intervention of the other spouse as if he/she was not married. In the event of a divorce or legal separation, either spouse takes back his personal property. If the marriage is dissolved by death the property of the deceased spouse accrues to his heirs. There is no partition of property. 3. The marriage settlement embodied in a notarial deed Prior to their marriage the future spouses may have a marriage contract drawn up by a Notary Public establishing the matrimonial system by which they wish to be governed (community of property limited to the “acquisitions”, general community of property, separation of property, etc…) and containing all stipulations considered desirable. The future spouses are at liberty to choose an adequate matrimonial system that safeguards their respective rights provided there is no incompatibility with public order or morality. It is obvious that because of the contractual liberty given to the spouses and the wide range of marriage systems available to them it is not possible for Government to advise citizens beforehand as regards the hypothetical contents of such system. The future spouses who wish to choose a system enshrined in a marriage contract should therefore seek information about the possibilities offered to them. For more details related to our wedding packages, please contact our Destination Consultants on info@emotionsdmc.com or reservations@emotionsdmc.com