Recognising a Foreign Divorce in Morocco (Exequatur)

A divorce judgment handed down abroad (France, Belgium, Spain, Canada...) does not automatically take effect in Morocco: to have it recorded in the Moroccan civil register and in the margin of the marriage certificate, you must obtain an exequatur from the competent court of first instance. The court checks in particular that the judgment was issued by a competent court and rests on grounds compatible with the Family Code (article 128).

Why an exequatur is needed

Without an exequatur, a person divorced abroad remains married in the eyes of the Moroccan authorities. This prevents in particular a new marriage before adouls, the updating of the family record book and certain inheritance or property formalities.

The exequatur gives the foreign judgment the same force as a Moroccan judgment and, where needed, allows its orders, such as maintenance, to be enforced in Morocco.

What the Moroccan court checks

The jurisdiction of the foreign court that granted the divorce.
That the judgment is final.
That the proceedings were regular, in particular that the other spouse was summoned.
That the grounds for divorce are compatible with the Family Code and Moroccan public policy.
For French judgments, the rules of the Franco-Moroccan convention of 10 August 1981 on the status of persons and the family.

Step-by-step procedure

Step 1: gather the judgment and supporting documents and have them translated into Arabic.
Step 2: if you live abroad, give a lawyer in Morocco a certified power of attorney.
Step 3: file the exequatur application with the competent court of first instance.
Step 4: hearing, with the public prosecutor's observations.
Step 5: exequatur judgment, which must then become final.
Step 6: recording of the divorce in the civil register and in the margin of the marriage certificate.

Documents to prepare

Certified copy of the divorce judgment.
Certificate of no appeal or document confirming the judgment is final.
Proof that the judgment was served, where applicable.
Moroccan marriage certificate or proof of registration of the marriage.
Arabic translation by a sworn translator, with an apostille where the issuing State is party to the Hague Convention.
Copy of the applicant's identity card or passport.

Timing and acting from abroad

Timing depends on the court, on the completeness of the file and, where relevant, on serving the other spouse. A complete file from the outset avoids adjournments.

The applicant does not in principle need to travel to Morocco when represented by a lawyer holding a valid power of attorney, which suits Moroccans living abroad.

Common mistakes

Filing a judgment that is not final or has no certificate of no appeal.
Providing a translation that is not sworn.
Leaving out proof that the other spouse was summoned in the foreign proceedings.
Remarrying or starting an estate in Morocco before the exequatur is granted.

Frequently asked questions

Is a divorce granted in France recognised in Morocco?

It can be, but an exequatur must be obtained from a Moroccan court. The court checks in particular the French court's jurisdiction, that the judgment is final and that its grounds are compatible with the Family Code.

Do I need to come to Morocco for the exequatur?

In principle, no. A lawyer can handle the procedure on the basis of a certified power of attorney sent from abroad.

Can I remarry in Morocco without an exequatur of my foreign divorce?

In practice, no: until the divorce is recognised, the Moroccan civil register still shows the first marriage and the adouls will ask for proof that it has been dissolved.

Reference texts