Divorce by Mutual Consent in Morocco: Procedure and Rights

Divorce by mutual consent allows both spouses to end the marriage by agreement, with or without conditions, provided those conditions are not contrary to the Family Code or to the children's interests (article 114). The spouses file a joint application with the court, which attempts reconciliation and, if it fails, authorises the adouls to draw up the divorce deed. It is generally the quickest and least contentious route.

What the spouses can agree on

What happens to any outstanding dowry.
The consolation gift (mut'a) and maintenance during the 'idda.
Custody of the children and visiting arrangements.
Child maintenance and the children's housing.
Division of property acquired during the marriage.
What happens to the marital home.

Step-by-step procedure

Step 1: draw up a clear written agreement signed by both spouses.
Step 2: file a joint application with the family section of the court of first instance.
Step 3: attend the hearing together, where the court attempts reconciliation.
Step 4: if reconciliation fails, the court authorises the divorce deed to be drawn up.
Step 5: the adouls draw up the divorce deed, which is approved by the judge.
Step 6: copies are issued and the divorce is recorded in the margin of the marriage certificate and in the civil register.

The wife's rights in an amicable divorce

The wife's rights are those set out in the agreement. She may obtain, reduce or waive her personal rights such as mut'a or 'idda maintenance, provided her consent is free and informed.

The children's rights (maintenance, housing, custody), however, cannot be waived to their detriment: the court checks that the agreement protects them.

Documents to prepare

Copy of the marriage certificate.
National identity cards of both spouses.
Birth certificates of the children.
The divorce agreement signed by both spouses.
Documents relevant to child maintenance (income, school fees).

Timing and costs

This is generally the shortest divorce procedure, as there is no dispute over fault and no expert assessment. The exact time depends on the hearing date set by the court and on how long the adouls take to draw up the deed.

Costs include court fees, adoul fees and, where relevant, translations and lawyer's fees freely agreed. They are normally lower than for contested proceedings.

Common mistakes

Signing a vague agreement on maintenance or visiting, which leads to fresh litigation.
Including a waiver of the children's rights, which the court will refuse.
Forgetting to settle the home and jointly held property.
Not attending the hearing in person.

Frequently asked questions

How long does it take to get a mutual consent divorce deed?

It is the quickest procedure, but the time depends on the hearing date set by the court and on the adouls drawing up the deed. A complete agreement and documents in order avoid adjournments.

Is a lawyer required for an amicable divorce?

Not always at first instance, but a lawyer helps draft a precise agreement that complies with the Family Code, particularly on child maintenance and custody.

Can a divorce by mutual consent be revoked?

No. It is irrevocable: if the former spouses wish to live together again, they must enter into a new marriage.

Reference texts

Family Code