Contemplating divorce is rarely a simple decision, and the question of the steps to follow often adds a further burden at an already difficult moment. The Moroccan Family Code frames several paths to divorce, each with its own conditions and procedure before the Family Justice Section.
Below is a concise overview of the main procedures for dissolving the marital bond as governed by the Moroccan Family Code (Law No. 70.03):
1. Divorce at the husband's initiative (Art. 78-93)
A right exercised by the husband under judicial supervision, requiring:
- Prior judicial authorization
- An attempt at reconciliation
- Deposit of the amounts owed to the wife and children before authorization to register the divorce
2. Divorce by mutual consent (Art. 114)
Agreement between the spouses on the principle of divorce and its effects, submitted to the court for ratification.
3. Khol' (Art. 115-120)
Agreement between the spouses to dissolve the marriage in exchange for compensation paid by the wife, or which she waives.
4. Divorce for discord (Chiqaq) (Art. 94-97)
May be requested by either spouse where a disagreement exists that makes continuation of the marital relationship impossible, subject to a mandatory conciliation procedure.
5. Judicial divorce for specific grounds (Art. 98-113)
Such as breach of a condition in the marriage contract, harm, failure to provide maintenance, absence, defect, ilaa (oath of abstinence), and desertion... each case having its own specific conditions and procedures.
How long does the divorce procedure take?
The duration varies considerably depending on the path chosen and the level of disagreement between the spouses: a well-prepared divorce by mutual consent may conclude within a few weeks, whereas a heavily contested discord procedure may extend for a much longer period, running into several months. Anticipating this reality from the outset allows the procedure to be approached with realistic expectations rather than disappointed hopes.
When should a lawyer be consulted?
Whether it is a matter of initiating the procedure or responding to it, legal guidance from the earliest steps makes it possible to choose the path best suited to the situation, to secure the financial interests of each party, and above all to protect the interests of the children throughout the process. The office of Maître Nabil Kabouri, in Rabat, assists its clients in divorce proceedings, with particular attention to easing the most tense situations.