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Frequently asked questions

Answers to the questions our clients ask most often.

How to make an appointment with Maître Malak Elimani?

You can make an appointment by telephone at +212 5 37 56 53 58 or by e-mail at contact@elimaniavocats.com, Monday to Friday from 9:00 a.m. to 5:00 p.m. The office receives by appointment only, in Hay Riad (Rabat). Briefly indicate the subject of your request so that the first meeting can be prepared.

What documents should I bring to the first meeting?

Bring your identity document and all documents relating to your matter: contracts, letters, civil status records, judgments or summonses already received, written exchanges and proof of payment. A short timeline of the facts, written in advance, saves time and helps identify the key issues quickly.

Is a remote consultation, by videoconference, possible?

Depending on the nature of the case, an interview can be organized remotely, by videoconference or by telephone, by appointment. This formula is particularly useful for Moroccans living abroad. The documents are then sent by email before the appointment. However, certain procedures require a signature or physical presence.

Which languages does the firm work in?

The firm receives and advises clients in Arabic, French and English. Proceedings before the Moroccan courts are conducted in Arabic, but explanations, correspondence and updates can be given to you in whichever of these three languages you prefer.

Does the firm operate outside of Rabat?

Yes. The firm is located in Rabat, but it assists and represents its clients before the courts throughout the Kingdom, in compliance with the rules of the profession. He also supports Moroccans around the world in their efforts in Morocco.

How are fees agreed?

Fees are agreed between you and the firm before work begins, in a written fee agreement setting out the scope of the work and the payment terms. Procedural costs (court fees, bailiff, expert reports, translation) are separate and are explained to you in advance.

How long does a divorce for discord (chiqaq) take?

The Family Code provides that the court must rule on a petition for divorce for discord within six months of its filing (Article 97). This period includes the reconciliation attempts carried out by the court. In practice, the length also depends on summonses, the attendance of the parties and any related claims (maintenance, custody, the wife's entitlements). An appeal remains possible afterwards.

How is severance pay calculated in Morocco?

An employee on a permanent contract dismissed after at least six months' service, other than for serious misconduct, is entitled to severance pay calculated in hours of salary per year of service: 96 hours for each of the first five years, 144 hours from the sixth to the tenth year, 192 hours from the eleventh to the fifteenth, and 240 hours beyond that. In the case of unfair dismissal, separate damages may be added. Each situation calls for a careful check of payslips and length of service.

What can I do about a bounced cheque?

Present the cheque to the bank within the time limits and keep the rejection certificate or certificate of non-payment. Several routes are then open: a written demand, a civil recovery procedure such as an order for payment, or a complaint to the public prosecutor, since issuing a cheque without sufficient funds is an offence under the Commercial Code. Payment by the drawer may affect the prosecution. A lawyer can help you choose the most suitable route.

How do I obtain a certificate of inheritance (Iracha)?

The certificate of inheritance (rasm al-iracha) is drawn up by adouls, on the basis of the death certificate and the civil status documents of the deceased and the heirs, and then approved by the judge in charge of notarial matters at the court of first instance. It identifies the heirs and their shares. It is the starting document for every step in an estate: bank accounts, real estate, division.

Is a divorce granted in France valid in Morocco?

For a foreign divorce judgment to take effect in Morocco, particularly on civil status records, it must in principle go through exequatur proceedings before the competent court of first instance. The court checks in particular that the decision was issued by a competent court and does not conflict with Moroccan public policy and the principles of the Family Code (Article 128). The file includes a certified copy of the judgment and proof that it is final, with their translation.

Which court has jurisdiction for a resident of Hay Riad?

Hay Riad falls under the courts of Rabat. Depending on the nature of the dispute, this means the Rabat court of first instance and its family division (divorce, maintenance, custody, inheritance), the Rabat commercial court for disputes between traders or companies, the Rabat administrative court for disputes with the authorities, and the Rabat court of appeal on appeal. Jurisdiction also depends on the other party's domicile or the location of the property: it is checked case by case.

Let's talk about your situation.

The firm receives you Monday to Friday, by appointment.