Exequatur in Morocco of a civil marriage celebrated abroad
A Moroccan who marries abroad before the civil registrar of their country of residence is validly married in that country. But in Morocco, the marriage appears nowhere until it is recorded on their Moroccan birth certificate.
This article presents the court route: exequatur of the marriage certificate by the court, which allows the marriage to be recorded in the margin of the Moroccan birth certificate.
Once the marriage is recorded, it becomes possible in particular:
- to prove the marriage before Moroccan authorities and courts;
- to obtain the family record book;
- to register the children born of the marriage in the Moroccan civil registry;
- to assert the spouse's rights, for example in an inheritance.
Legal basis
Article 14 of the Family Code allows Moroccans residing abroad to conclude their marriage according to the local administrative formalities of their country of residence. The marriage must nevertheless meet the substantive conditions of Moroccan law: consent of both spouses, capacity, no impediment, no waiver of the dowry and the presence of two Muslim witnesses.
Article 128 of the Family Code makes subject to exequatur the deeds concluded abroad before competent public officers and officials. A marriage certificate drawn up by a foreign civil registrar falls into this category.
The application follows the exequatur procedure of the Code of Civil Procedure, now Law No. 58.25. Recording the marriage on the birth certificate is governed by Law No. 36-21 on civil status.
Conditions reviewed by the judge
The Moroccan judge checks that:
- the marriage certificate was drawn up by the competent authority of the country where the marriage was celebrated, in accordance with that country's rules;
- the marriage meets the substantive conditions required by the Family Code, in particular the consent of both spouses and the absence of any impediment;
- the certificate does not conflict with Moroccan public policy.
The procedure
- File the application with the competent court of first instance, family division. It is accompanied by the marriage certificate and the documents listed below.
- The judge reviews the certificate. The judge checks the conditions above. The public prosecutor, a principal party in family matters, gives an opinion.
- Obtain the exequatur decision. The foreign marriage certificate then has the same effects in Morocco as a Moroccan marriage certificate.
- Have the marriage recorded on the birth certificate. The decision is sent to the civil registrar of the place of birth, who records the marriage in the margin of the Moroccan birth certificate. Full copies issued afterwards show the marriage.
Documents required
- The full copy of the foreign marriage certificate, bearing an apostille. Documents issued in France are exempt.
- A full Arabic translation of the marriage certificate by a sworn translator.
- The full copy of the Moroccan birth certificate of the Moroccan spouse, or of each spouse if both are Moroccan.
- The applicant's Moroccan national identity card or passport, and the spouse'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 country where the marriage was celebrated and on the spouses' situation. For a specific situation, you can set out your request in writing.