Divorce proceedings may be conducted either by the courts of the host country or by the competent Moroccan courts.

It should be noted that a divorce granted by a Moroccan court is recognised by the host country in accordance with the laws and conventions in force in that country.

If a foreign court grants a divorce containing provisions that have financial implications or are contrary to public policy, it must be recognised by a Moroccan court through the ‘exequatur’ procedure.

This recognition and validation of divorces by foreign and Moroccan courts helps to ensure the consistency and compliance of judicial decisions in cross-border cases, whilst guaranteeing compliance with applicable laws and agreements.

In Morocco

In Morocco, the divorce process is overseen by the courts, with the aim of preventing any abuse within the marital relationship and safeguarding the rights of the divorced wife and the children. The dissolution of the marriage is therefore ordered by a court judgement, in accordance with the conditions laid down in the Family Code.

Any person wishing to divorce must apply to the court for authorisation to have the divorce certificate drawn up by two authorised adouls. The application for divorce must be filed with the competent court, depending on the marital home, the wife’s domicile, her place of residence, or the place where the marriage certificate was issued, in the order listed above.

Before granting a divorce, the court summons the spouses to attempt reconciliation. The spouses are required to attend the hearing. If both spouses are not present in Morocco, the court may instruct the relevant consular services to carry out the attempt at reconciliation. In such cases, the parties concerned are summoned by those services for this purpose.

Please note (Declaration of Mutual Consent to Divorce):

Spouses may agree to dissolve their marriage, either unconditionally or subject to conditions that comply with the provisions of the Family Code and do not prejudice the interests of the children.

If the parties reach an agreement, the application for divorce is submitted to the court by the spouses themselves or by one of them. This application must be accompanied by a declaration of mutual consent, which is drawn up at the consular services (see ‘Documents to be provided’).

Divorce granted abroad (Exequatur)

An application for exequatur is made by submitting a petition either to the court in the place of residence in Morocco or directly to the Ministry of Justice (Directorate of Civil Affairs). It is possible to draw up a power of attorney to authorise a person in Morocco – whether a solicitor, a notary or any other person responsible for the proceedings – to act on one’s behalf.

It is important to note that the power of attorney in Arabic must be duly legalised by the consular authorities.
 

• ADOULAIRE DECLARATION OF CONVERSION TO ISLAM
• CERTIFICATE OF CUSTOM (FOR MARRIAGE)
• OBTAINING AN ADOULAIRE MARRIAGE CERTIFICATE FROM THE CONSULAR SERVICES
• REGISTRATION OF A CIVIL MARRIAGE WITH THE CONSULAR SERVICES
• ISHHAD MOULHAQ
• POWER OF ATTORNEY FOR MARRIAGE