Divorce Procedure
In accordance with the new provisions governing the code of the family
(came into effect since dec. 2004)
N.B: to profit from the services of the consulate, the consular registration is obligatory.
Click here for more information " Immatriculation".
The foreigners are not subjected to this formality.
General information
- The divorce is the dissolution of the marital pact exerted by the husband and the wife, each one according to conditions' to which it is subjected, under the control of justice, in order to preserve the marital bonds of any abuse and to guarantee the rights of the divorced wife and the children.
- The cancellation of the marriage certificate is thus pronounced by judgement before or after its consumption in the cases and in accordance with the conditions envisaged by the code of the family (click here to read the provisions of the code of the family)
The action in divorce :
- Whoever wants to divorce must ask for the court the autorisation of make some draw up act by two adouls entitled for this purpose, in the court in which is located the marital home in Morocco, the residence of the wife or her place of residence in Morocco or the place where the marriage certificate was concluded in Morocco, according to the above mentioned order.
- The request for authorization to make note the act of divorce must be addressed to the court and must contain the identity, the profession, the address of united and numbers it children if it is necessary, their age, their health and their school situation (the justifying documents presented at the court must be translated into Arab language by a sworn in translator).
- The document establishing the marriage is joined to the request as well as the evidence establishing the material situation of the husband and his financial obligations.
- The court convenes the spouses for an attempt of conciliation. This formality is essential and cannot take place in the absence of the couple concerned. Their personal presence at the audience is obligatory.
Divorce by consent :
- The spouses can agree on the principle of putting an end to their marital union either without conditions, or with conditions when those are not incompatible with the provisions of the code of the family and do not carry damage to the interests of the children.
- In the event of agreement, the request for this purpose is presented to the court by the couple or one of them supplied with a document (form of convention available to the consulate) establishing the aforementioned agreement for purposes to obtain the authorization to support it.
- The court tries to reconcile the spouses as much as possible and if the reconciliation proves to be impossible, it authorizes to take note of the divorce and to support it.
- In the particular cases, and before authorizing the divorce, the judge can ask the consulate of Morocco to proceed to an attempt of reconciliation when the couple reside together at Canada.
The attempt of reconciliation proceeds in the consulate in the presence of the two spouses. In the event of failure of the attempt, a verbal lawsuit of non reconciliation is established and addressed to the judge.
Establishment of a convention of mutual assent : (obligatory presence of the couple) :
When the husband and the wife agree for a friendly divorce
In accordance with the new provisions governing the code of the family
(came into effect since dec. 2004)
N.B: to profit from the services of the consulate, the consular registration is obligatory.
Click here for more information " Immatriculation".
The foreigners are not subjected to this formality.
General information
- The divorce is the dissolution of the marital pact exerted by the husband and the wife, each one according to conditions' to which it is subjected, under the control of justice, in order to preserve the marital bonds of any abuse and to guarantee the rights of the divorced wife and the children.
- The cancellation of the marriage certificate is thus pronounced by judgement before or after its consumption in the cases and in accordance with the conditions envisaged by the code of the family (click here to read the provisions of the code of the family)
The action in divorce :
- Whoever wants to divorce must ask for the court the autorisation of make some draw up act by two adouls entitled for this purpose, in the court in which is located the marital home in Morocco, the residence of the wife or her place of residence in Morocco or the place where the marriage certificate was concluded in Morocco, according to the above mentioned order.
- The request for authorization to make note the act of divorce must be addressed to the court and must contain the identity, the profession, the address of united and numbers it children if it is necessary, their age, their health and their school situation (the justifying documents presented at the court must be translated into Arab language by a sworn in translator).
- The document establishing the marriage is joined to the request as well as the evidence establishing the material situation of the husband and his financial obligations.
- The court convenes the spouses for an attempt of conciliation. This formality is essential and cannot take place in the absence of the couple concerned. Their personal presence at the audience is obligatory.
Divorce by consent :
- The spouses can agree on the principle of putting an end to their marital union either without conditions, or with conditions when those are not incompatible with the provisions of the code of the family and do not carry damage to the interests of the children.
- In the event of agreement, the request for this purpose is presented to the court by the couple or one of them supplied with a document (form of convention available to the consulate) establishing the aforementioned agreement for purposes to obtain the authorization to support it.
- The court tries to reconcile the spouses as much as possible and if the reconciliation proves to be impossible, it authorizes to take note of the divorce and to support it.
- In the particular cases, and before authorizing the divorce, the judge can ask the consulate of Morocco to proceed to an attempt of reconciliation when the couple reside together at Canada.
The attempt of reconciliation proceeds in the consulate in the presence of the two spouses. In the event of failure of the attempt, a verbal lawsuit of non reconciliation is established and addressed to the judge.
Establishment of a convention of mutual assent : (obligatory presence of the couple) :
When the husband and the wife agree for a friendly divorce
Necessary documents :
1- Registration card of the husband and the wife (for the Moroccans) ;
2- Moroccan National Identity Card ;
3- Passports ;
4- Original of the Moroccan marriage certificate ;
5- Certificate of employment and wages of the husband and the wife ;
6- Birth certificate of the children ;
7- A school certificate of the children ;
8- Medical certificate of the children ;
9- Click on the following link «CONVENTION OF MUTUAL ASSENT» : to print and fill ;
10- Click on the following link «APPLICATION FOR AUTHORIZATION OF ACT OF DIVORCE» : to print and fill ;
Report of non reconciliation : (obligatory presence of the couple) :
1- Registration card of the husband and the wife (for the Moroccans) ;
2- Moroccan National Identity Card ;
3- Passports ;
4- Original of the Moroccan marriage certificate ;
5- Certificate of employment and wages of the husband and the wife ;
6- Birth certificate of the children ;
7- A school certificate of the children ;
8- Medical certificate of the children ;
9- Click on the following link «CONVENTION OF MUTUAL ASSENT» : to print and fill ;
10- Click on the following link «APPLICATION FOR AUTHORIZATION OF ACT OF DIVORCE» : to print and fill ;
| Stamp fees* : | 20,40$ |
Report of non reconciliation : (obligatory presence of the couple) :
Necessary documents :
1- Registration card of the husband and the wife (for the Moroccans) ;
2- Moroccan National Identity Card ;
3- Passports ;
4- Original of the Moroccan marriage certificate ;
Recognition of the Canadian divorce :
If you are divorced before the Canadian authorities and you wish to make recognized your Canadian divorce by the Moroccan legislation, there is a special procedure of execution of the decisions of court (exequatur) which aims at validating the judgement to be carried out by the Moroccan court of competent jurisdiction. The request for exaquatur is presented by way of request and is lodged with the court of the place of residence in Morocco or is sent to the Ministry for justice – Direction des Affaires Civiles – Rabat – Maroc.
If you wish, you can establish a procuration to elect a person in Morocco (lawyer, notary or all other person of your choice) for the purpose of undertaking the procedure in your place.
The procuration must be duly legalized and translated into Arabic.
1- Registration card of the husband and the wife (for the Moroccans) ;
2- Moroccan National Identity Card ;
3- Passports ;
4- Original of the Moroccan marriage certificate ;
| Stamp fees* : | 33,60$ |
Recognition of the Canadian divorce :
If you are divorced before the Canadian authorities and you wish to make recognized your Canadian divorce by the Moroccan legislation, there is a special procedure of execution of the decisions of court (exequatur) which aims at validating the judgement to be carried out by the Moroccan court of competent jurisdiction. The request for exaquatur is presented by way of request and is lodged with the court of the place of residence in Morocco or is sent to the Ministry for justice – Direction des Affaires Civiles – Rabat – Maroc.
If you wish, you can establish a procuration to elect a person in Morocco (lawyer, notary or all other person of your choice) for the purpose of undertaking the procedure in your place.
The procuration must be duly legalized and translated into Arabic.
Necessary documents :
1- Copy of the passport (for the non Moroccans) ;
2- Original of the Moroccan marriage certificate ;
3- Original of the Canadian divorce certificate ;
4- The original of the notification of the judgement or any other act holding place ;
5- Certificate of non appeal (certificate attesting that the divorce is final and irrevocable - qualified certificate of the clerk's office noting that there exists against the judgement neither opposition, neither appeal, nor appeal in cassation ;
6- Translation into Arabic language of the act of divorce, the notification of the judgement and the certificate of non appeal, made by a sworn translator ;
7- Click on the following link «APPLICATION FOR RECOGNITION OF THE DIVORCE» : to print and fill ;
1- Copy of the passport (for the non Moroccans) ;
2- Original of the Moroccan marriage certificate ;
3- Original of the Canadian divorce certificate ;
4- The original of the notification of the judgement or any other act holding place ;
5- Certificate of non appeal (certificate attesting that the divorce is final and irrevocable - qualified certificate of the clerk's office noting that there exists against the judgement neither opposition, neither appeal, nor appeal in cassation ;
6- Translation into Arabic language of the act of divorce, the notification of the judgement and the certificate of non appeal, made by a sworn translator ;
7- Click on the following link «APPLICATION FOR RECOGNITION OF THE DIVORCE» : to print and fill ;
| Stamp fees* : | 7,20$ | 7,20$ | in the case of a procuration to elect a person in Morocco for the purpose of undertaking the procedure in your place. |
