Family law — Moudawana
The Moroccan Family Code (Law 70-03, known as the Moudawana) provides six divorce procedures, each with its conditions and procedure before the Family Court. Chourok Zerdaoui assists you in choosing the procedure suited to your situation and defending your rights and those of your children.
Family law attorney
Determined and attentive, Chourok Zerdaoui brings her expertise to defend her clients' interests in family disputes in Marrakech. She intervenes mainly in civil law, family law and criminal law, with particular care in sensitive situations involving children.
Since the 2004 Family Code reform (Law 70-03), Moroccan law recognizes six divorce procedures. The choice depends on the consent of the other spouse, the grounds invoked, the available evidence and financial objectives. A consultation identifies the procedure best suited to your situation.
À l'initiative de : Both spouses, jointly
The fastest procedure when both spouses agree on the principle of divorce and its consequences (maintenance, child custody, division). The court validates the agreement after verifying that the interests of minor children are preserved.
À l'initiative de : The wife or the husband
The procedure most used by wives in Morocco. No specific cause needs to be proven: simply invoking persistent discord suffices. The judge exhausts conciliation attempts, then pronounces divorce and sets compensation.
À l'initiative de : The husband
The husband requests divorce; the court verifies his ability to assume the financial consequences (idda maintenance, mout'a consolation gift, child support) before authorizing the pronouncement.
À l'initiative de : The wife
The wife petitions the court for a limited list of grounds: breach of a marriage contract condition, prejudice, lack of maintenance, prolonged absence, redhibitory defect or oath of anathema. Each case has its own procedure and standard of proof.
À l'initiative de : The wife, with the husband's agreement
The wife obtains divorce by returning all or part of the dowry (sadaq) or by paying negotiated compensation. Useful when the husband does not consent to divorce and other grounds are difficult to establish.
À l'initiative de : The wife
The wife may request divorce when the husband has been absent for more than a year and this absence causes her prejudice. An investigation is conducted to locate the spouse before the pronouncement.
Articles 163 to 186 of the Family Code set the custody rules. The mother has priority for young children, unless decided otherwise in the child's interest. At 15, the child may choose their custodial parent. Custody can be withdrawn from a parent who fails their obligations or endangers the child.
The non-custodial parent has visitation and accommodation rights, set by the court based on the child's age, distance between residences and quality of relationships. The firm advocates for an organization that respects both parents' place.
Nafaqa covers all essential needs of children: housing, food, clothing, schooling, medical expenses. The court sets the amount considering the debtor parent's income, the family's pre-divorce standard of living and the child's actual needs.
In case of non-payment, enforcement procedures are available: wage seizure, bank seizure, even criminal prosecution for family abandonment. The amount may be revised if circumstances change (job loss, increased child needs).
Each procedure follows a path framed by the Family Code. The deadlines below are indicative and vary depending on the Marrakech jurisdiction, case complexity and parties' behavior.
Analysis of the marital situation, children involved and objectives: amicable or contentious? Identification of the most appropriate legal grounds (chiqaq, mutual consent, tatliq…) based on available documents and the other spouse's position.
Collection of the adoulaire marriage certificate, ID copies, family record book, income statements, prejudice evidence if applicable, photos and useful written exchanges. Filing of the introductory petition with submissions and ancillary requests (maintenance, custody).
The court summons both spouses. Conciliation attempts are mandatory (Article 81). If children are involved, two sessions are organized at least 30 days apart. Personal attendance of spouses is required.
Production of evidence, witness hearings, possible expertise (medical, financial). The court sets subsistence maintenance during the procedure and rules on the family residence and provisional custody if necessary.
Pronouncement of divorce, setting of custody (hadana), visitation rights, maintenance (nafaqa), consolation gift (mout'a) and idda maintenance. For chiqaq, the court must rule within 6 months maximum.
3-month idda waiting period for the wife before remarriage is possible. The divorce is registered by the adouls on the marriage certificate. Possibility of appeal within 15 days following notification.
Gather these documents before the first consultation to save time and obtain a precise analysis from the start:
A first consultation identifies the divorce procedure suited to your situation and prepares a solid file for the Family Court.
