The Moudawana reformed in 2004 serves as the legislative foundation of family law in Morocco. It governs marriage, divorce, filiation, child custody, alimony and inheritance. Its adoption was accompanied by the creation of specialized family sections within the courts of first instance, staffed by judges specifically trained in family matters. This specialization has improved the quality of rulings and significantly shortened case processing times.
Family judges have broad powers to protect the rights of the most vulnerable parties, particularly children and the economically dependent spouse. Procedures have been simplified compared to the old system: hearings are organized to encourage dialogue between the parties, and the judge can order provisional measures from the very start of proceedings, such as setting temporary alimony or assigning the marital home to one of the spouses.
The Family Mutual Aid Fund, established in 2011, provides a safety net for women and children facing non-payment of alimony. When the former spouse fails to meet their obligations, this fund can advance the amounts owed within regulatory limits before pursuing the defaulting debtor.
Furthermore, a new reform of the Family Code has been underway since 2024. Initiated by a royal commission, it aims to modernize provisions deemed insufficient after twenty years of practice, particularly regarding the division of assets acquired during marriage, shared custody and the recognition of children born outside wedlock. Discussions are ongoing, and anyone involved in family proceedings would benefit from staying informed about these developments, as the expected changes could directly impact pending cases.
Moroccan family law also draws on the 2011 Constitution, which enshrines equality between men and women in civil rights, and on international conventions ratified by Morocco, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Any competent attorney in this field must know how to bring these different sources together to build a strong argument before the family court.
