Divorce for Discord (Chiqaq) in Morocco: Procedure, Time, Rights

Who can apply for chiqaq and when

Either spouse may apply to the court when marital conflict makes life together impossible. There is no need to prove a specific fault by the other spouse: the discord itself is the ground. That is why it has become the procedure most used by wives.

The chiqaq procedure may also be opened where a wife applied for divorce on grounds of harm, could not prove it, and maintains her wish to divorce (article 100). A divorce granted by the court is irrevocable.

Step-by-step procedure

• Step 1: file a written application with the family section of the competent court of first instance.
• Step 2: both spouses are summoned to a reconciliation hearing in chambers. The court may appoint two arbitrators or call on the family council.
• Step 3: where the couple has children, two reconciliation attempts at least 30 days apart.
• Step 4: if they fail, the court records the failure and examines the parties' financial claims.
• Step 5: judgment granting the divorce and setting the sums due, taking into account each spouse's responsibility for the discord.
• Step 6: service of the judgment and registration of the divorce in the margin of the marriage certificate and in the civil register.

Rights of the wife and children

• Any outstanding part of the dowry (sadaq).
• Maintenance during the waiting period ('idda).
• The consolation gift (mut'a), assessed by the judge according to the length of the marriage, the husband's means and the reasons for the breakdown.
• Housing during the 'idda, in the marital home or other suitable accommodation.
• Custody of the children (hadana), granted first to the mother.
• Child maintenance, the children's housing and payment for custody.
• Where relevant, damages payable by the spouse held responsible for the discord.

How many hearings and how long does it take?

The law does not set a fixed number of hearings. In practice, the case involves one or two reconciliation hearings (two where there are children), sometimes a hearing for the arbitrators, then one or more hearings on the amounts. The 6-month time limit in article 97 is the benchmark, but the actual length depends mainly on serving the other spouse and on how complex the financial claims are.

Documents to prepare

• Copy of the marriage certificate.
• National identity card of the applicant.
• Birth certificates of the children.
• The other spouse's exact address for the summons.
• Proof of both spouses' income (payslips, certificates, bank statements).
• Proof of the children's expenses: schooling, health, rent.

Common mistakes

• Giving an imprecise address for the other spouse, which delays the whole procedure.
• Failing to document the spouse's real income, on which the amounts depend.
• Missing reconciliation hearings.
• Forgetting that the spouse held responsible for the discord may be ordered to pay damages.
• Leaving out claims concerning the children (maintenance, housing, visiting) from the initial application.