Exequatur in Morocco of a divorce agreement
Since 1 January 2017, a couple in France can divorce by mutual consent without going before a judge. The spouses sign an agreement, countersigned by their lawyers and lodged with a notary. Other European countries have similar procedures.
This divorce is not a judgment. For it to take effect in Morocco, particularly in the civil registry and before the courts, the agreement must be granted exequatur by a Moroccan judge.
Legal basis
Article 128 of the Family Code does not only cover foreign divorce judgments. It also makes subject to exequatur the deeds concluded abroad before competent public officers and officials that end a marriage.
A divorce agreement lodged with a notary falls into this category. It follows the exequatur procedure of the Code of Civil Procedure, now Law No. 58.25.
Divorce by mutual consent also exists in Moroccan law (Article 114 of the Family Code). This makes it easier to recognise an agreement based on the consent of both spouses.
Conditions reviewed by the judge
The Moroccan judge checks that:
- the agreement was drawn up and lodged in accordance with the rules of the country where it was concluded;
- it already has effect in that country;
- it is based on the free consent of both spouses;
- its provisions, particularly concerning the children, do not conflict with Moroccan public policy.
The procedure
- File the application with the competent court of first instance. It is accompanied by the agreement and the documents listed below.
- The judge reviews the agreement. The judge checks the conditions above, without revisiting what the spouses agreed.
- Obtain the exequatur decision. The agreement then has the same effects in Morocco as a divorce pronounced in Morocco.
- Have the divorce recorded in the civil registry. The decision is sent to the civil registrar, who records the divorce on each spouse's birth certificate.
Documents required
- An original of the divorce agreement, signed by the spouses and their lawyers, bearing an apostille. Documents issued in France are exempt.
- The certificate of lodging issued by the notary.
- A full Arabic translation of these documents by a sworn translator.
- The marriage certificate.
- The full copy of the Moroccan birth certificate and the applicant's identity document.
Handling the procedure from abroad
There is no need to be present in Morocco. A lawyer registered with a Moroccan bar can file the application and conduct the procedure under a power of attorney.
Each case depends on the content of the agreement and the country where it was concluded. For a specific situation, you can set out your request in writing.