Family Code (Moudawana) reform: where do things stand?

Since the review of the Family Code was announced, many families have asked us whether the new rules already apply to their divorce, their children's custody or an inheritance. The answer requires a careful distinction between what has been announced and what is legally in force. Here is the situation as we understand it at the time of writing.

A process launched in September 2023

In a royal letter addressed to the Head of Government in September 2023, His Majesty the King called for a review of the 2004 Family Code (Law No. 70-03). A body responsible for the review was set up around the Ministry of Justice, the Supreme Council of the Judiciary and the Office of the Public Prosecutor, with the participation of other institutions.

This body held wide consultations with political parties, civil society, legal professionals and academics before submitting its proposals.

In December 2024, the main outlines of the reform were presented publicly, after certain questions had been examined by the Supreme Council of Ulemas.

December 2024: some of the points announced

tighter rules on the marriage of minors, with eighteen remaining the rule;
stricter rules on polygamy;
the possibility for a divorced mother to keep custody of her children even if she remarries;
legal guardianship of children shared between both parents;
recognition of the wife's domestic work in the division of assets acquired during the marriage;
a maximum time limit for ruling on divorce proceedings;
protection of the marital home for the surviving spouse, subject to conditions.

Announced does not mean in force

These outlines must be turned into a bill, passed by Parliament and then published in the Official Bulletin. A new Code will only apply from its entry into force, and according to whatever transitional provisions it contains.

At the time of writing, and unless it has been published since, the current provisions of Law No. 70-03 are therefore the ones applied by the family divisions of the courts. Judges rule on the basis of the text in force, not on the basis of the announced proposals. We recommend checking the progress of the text with a professional when you start any procedure.

Our advice to families in the meantime

Do not delay an urgent procedure (maintenance, custody, violence) while waiting for a reform: protection is sought today, under current law.
Keep evidence of your contribution to the household and to the acquisition of assets (statements, invoices, deeds); it is useful in any case.
For a divorce by mutual consent, draw up a precise agreement on the children's custody, maintenance and housing.
For financial matters, consider existing tools such as gifts now, with the support of a professional.
Be wary of unverified information on social media about rules presented as already applicable.

The firm's view

This reform is awaited and closely followed by the firm. Our role is to help each family act effectively under the law that applies today, while anticipating what the announced changes may mean tomorrow.

Maître Malak Elimani assists families in Rabat and Moroccans abroad with divorce, custody, maintenance and inheritance proceedings. This article provides general information as at the date of writing and is not a substitute for legal advice.

Reference texts

Family Code