Moudawana Reform 2025-2026: Rights and Procedures

The 2004 Code already recognizes rights that are sometimes presented as entirely new. Article 4 defines marriage as a covenant based on mutual consent with a view to a stable married life, under the joint direction of both spouses. Articles 24 and 25 allow an adult woman to exercise her own matrimonial guardianship or to authorize her father or a relative to act on her behalf. At the constitutional level, Article 19 of the 2011 Constitution enshrines equality in rights and freedoms, subject to the conditions and limitations laid down by the Constitution and the laws of the Kingdom.

Regarding property, Article 49 of the Family Code maintains the principle of separate property: each spouse retains ownership of their personal property. However, the spouses may sign an agreement, in a document separate from the marriage certificate, governing the management and division of property acquired during the marriage. The adouls must inform them of this possibility when the marriage is concluded. In practice, this agreement may specify the respective shares in an apartment, registered land, a family business, a commercial enterprise or a mortgage repaid with joint funds.

Without a written agreement, the court applies the general rules of evidence and examines each spouse’s work, efforts and expenses incurred in developing the family property. A wife therefore does not automatically receive half of the property, but she may claim a debt by proving her contribution. ANCFCC title deeds, transfers, loan statements, invoices, tax returns, professional income records and correspondence are useful. According to the prevailing case law, witness testimony may supplement the case file, but it is unlikely to replace a bank record or specific written evidence.

The reform policy directions announced that domestic work would receive greater recognition and that the family home would be more strongly protected. However, the assessment method must be determined from the text ultimately published and the case law that follows. Attention must also be paid to the distinction between custody and legal representation: under the previous regime, Articles 230 et seq. govern legal guardianship, which is vested first in the adult father, then in the adult mother in the cases provided for by law. A school, bank or the ANCFCC may therefore require a judgment or specific authorization.

Divorce remains subject to court supervision. Articles 78 to 93 govern divorce requested under judicial supervision, while Articles 94 to 97 govern divorce for discord, known as chiqaq. Articles 98 to 113 address judicial grounds, including breach of a condition in the marriage certificate, harm, failure to provide maintenance, absence, a redhibitory defect, and an oath of continence or abandonment. Divorce by mutual consent is governed by Article 114, and khul’, or divorce in exchange for compensation, by Articles 115 to 120.

In accordance with the order of jurisdiction laid down in Article 79, the application is filed with the Court of First Instance for the marital home, the wife’s home or the place where the marriage was concluded. The Family Justice Division summons the spouses and attempts reconciliation in accordance with Articles 81 and 82. Where the couple has children, two reconciliation attempts at least thirty days apart are, in principle, conducted. For chiqaq, Article 97 provides that the action must be decided within a maximum period of six months from the date on which it is brought.

In divorce under judicial supervision, the court assesses the amounts due to the wife and children. Article 84 covers, in particular, the outstanding portion of the dowry, maintenance for the waiting period, the consolation gift and housing during that period; Article 85 concerns child maintenance. The husband must deposit the amount set within the thirty-day period provided for in Article 86. If he fails to do so, he is deemed to have withdrawn his application. This deposit requirement should not be confused with the six-month period for chiqaq.

Khul’ is not a purely private dissolution: it requires compensation accepted or determined under the mechanisms set out in Articles 115 to 120. Article 120 protects the wife where her consent to the compensation was obtained under duress or where the harm is attributable to the husband; she may then seek repayment of what she paid without calling the dissolution into question. In cases involving violence, gather medical certificates, complaints, official reports, messages and admissible witness testimony. Law No. 103-13 on combating violence against women may also be relevant.

Maintenance, or nafaqa, is governed by Articles 187 to 214 of the Family Code. Under Article 189, it includes food, clothing, medical care, children’s education and what is customarily necessary. The court takes into account the debtor’s income, the beneficiary’s circumstances, price levels and the customs of the social environment. There is no national scale that automatically awards a sum per child. The amount therefore varies according to rent, the children’s ages, their health, their schooling and the resources actually established.

To file an application, gather the marriage certificate or divorce judgment, the children’s birth certificates, identity documents, proof of residence and a detailed statement of expenses. Add rent receipts, school fees, transport costs, medication expenses and proof of medical coverage. Resources may be established through payslips, a CNSS certificate, a tax assessment, bank statements or business documents. If the debtor conceals their income, ask the court to order legally available investigative measures rather than presenting an unsupported estimate.

Where cohabitation has become impossible during the proceedings, Article 121 allows the court to adopt interim measures concerning the wife and children, including placing them with a relative or in suitable accommodation. These measures are immediately enforceable through the Public Prosecutor’s Office. After judgment, arrears may be recovered through civil enforcement procedures, including attachment of earnings or a bank account where the employer or bank has been identified. Service of the judgment and an accurate calculation of the instalments due remain essential for properly initiating enforcement.

Pay attention to the applicable criminal-law source: the Family Code governs the maintenance obligation, but the classification of family abandonment and the related penalties are governed by Articles 479 to 481 of the Criminal Code, not by any purported criminal provision of the Moudawwana. A criminal complaint does not replace civil attachment proceedings and requires the statutory conditions to be met. The Family Mutual Assistance Fund is governed by Law No. 41-10, expanded by Law No. 83-17. It primarily covers benefits intended for children and certain legally designated categories, not the waiting-period maintenance or consolation gift due after divorce.

For Moroccans residing abroad, Article 2 determines the personal scope of the Family Code. Article 14 allows a marriage to be concluded under local administrative procedures where the conditions it lists are met. The filing of a copy of the certificate within three months is governed more specifically by Article 15: it is filed with the Moroccan consular services in the place where the marriage was concluded or, in their absence, transmitted to the Ministry of Foreign Affairs. The practical procedures are supplemented by consular instructions; therefore, check the list of required documents with the competent consulate.

A divorce granted in France, Belgium, Spain or another country is not always registered directly in Morocco. Its enforcement may require the exequatur provided for by Articles 430 to 432 of the Code of Civil Procedure. Article 128 of the Family Code permits the enforcement of foreign divorce decisions where they meet the statutory conditions and do not conflict with Moroccan public policy. For Franco-Moroccan cases, reference must also be made to the Convention on Mutual Judicial Assistance and Exequatur of 5 October 1957 and the Convention on the Status of Persons and the Family and on Judicial Cooperation of 10 August 1981.

The most costly mistakes are often very practical: filing with the wrong court, providing an inaccurate address, submitting an untranslated document, failing to obtain an apostille or providing no evidence of income and accommodation. Another common pitfall is believing that a divorce judgment automatically updates Moroccan civil-status records. After a final decision, check whether exequatur is required, as well as registration, marginal annotations and the issue of an updated copy. For unpaid maintenance, retain bank statements and a record of each instalment due; without a clear calculation, attachment proceedings and the criminal complaint become more difficult to process.

The lawyer verifies territorial jurisdiction, selects the legal basis, quantifies the claims and organises the evidence. Their involvement is particularly useful in cases involving violence, registered real property, a company, a child relocated abroad or a judgment delivered outside Morocco. Request a written fee agreement specifying fees, disbursements, included hearings and the handling of any appeal. The profession is governed by Law No. 28-08. A lawyer can assess risks and prepare a strategy but cannot guarantee the outcome of family litigation.