Living in Seychelles based on a residence permit implies obtaining various rights, just like in the case of Seychelles citizens. According to the Civil Law
, an individual has the right to get married
, but also divorced
in this country, if the marriage can no longer be sustained.
Below, our lawyers in Seychelles describe the divorce procedure and the steps to obtain it. If you need legal advice on how to obtain a divorce in Seychelles, our lawyers can help you.
The Matrimonial Causes Law in Seychelles
The main legal act which provides for divorce in Seychelles is the Matrimonial Causes Law which was enabled in 1992 and amended in 1998. According to this act, all family-related disputes are dealt with by the Family Tribunal in Seychelles.
Petitions for divorce can be filed by any of the spouses, provided that a solid reason is given. Our lawyers in Seychelles
can offer more information on the legislation related to getting a divorce
in this country.
Reasons for divorce in Seychelles
According to the law, any of the parties seeking a divorce in Seychelles can file a petition with court in which one or more of the following reasons can be invoked:
the defendant has committed adultery and the claimant can no longer live with him/her;
the defendant has acted in an irresponsible way and living together with him/her is no longer an option;
the defendant has left the conjugal home and the couple has lived apart for 2 continuous years;
the couple has lived separated for 1 continuous year and both parties have agreed to the divorce.
It is important to note that in Seychelles, a divorce cannot be pronounced if the spouses have been married less than 1 year. However, a court can decide different and grant a divorce if the claimant has suffered a lot during the respective period, even if it is less than a year.
Our lawyers in Seychelles can offer more information on the grounds that can be invoked when petitioning for a divorce. We can also assist with drafting and filing the petition with the court.
Divorce steps in Seychelles
As seen above, the first step towards a divorce in Seychelles is to file a petition with the Family Tribunal. The petition can be submitted by one or both parties, if the divorce is of mutual agreement. However, the court will not approve the request immediately (unless proof of exceptional hardship is submitted).
The court will issue the divorce sentence after:
- the parties have made at least one attempt to reconcile;
- after reviewing the evidence and testimonies, there is no possibility of reconciliation;
- the inevitable breakdown of the marriage has occurred.
The court can interrupt the proceedings at any stage if there is the possibility of reconciliation. Also, once the steps above have been completed, the court will first grant a conditional order of divorce.
The absolute order of divorce in Seychelles
Obtaining the conditional order of divorce is the first stage towards a definitive end of a marriage in Seychelles and unless reconciliation occurs, the conditional order will turn into an absolute one after 6 weeks if one of the parties file a petition in this sense. If any of the parties fails to file such a petition, the absolute order of divorce will be issued in 3 months.
It is useful to note that separation and marriage annulment are also recognized under the Family Law in Seychelles.
Foreign citizens who live in this country based on residence permits issued by the Immigration and Civil Status of Seychelles
can also apply for divorce here and have their divorce recognized in their home countries.
Our lawyers in Seychelles can also explain the documents you need to submit in case of divorce proceedings.
Marriage separation and annulment in Seychelles
Separation is recognized by the Seychelles authorities provided that one of the parties have not lived together for at least 1 year. However, in the case of annulment certain conditions must be respected. A court will concede to the annulment of a marriage:
- if the request for annulment was filed within 12 months after the claimant has turned 18 years old;
- if the request for annulment was filed no earlier than after 1 year from the marriage;
- if one of the parties has been absent for 7 years or more, a presumption of death that leads to annulment is issued;
- no matter the reasons for annulment, all children under the age of 18 will be provided for by both parties.