Divorce



The termination of the marriage contract is pronounced by a court judgment before or after consummation of the marriage. This is in accordance with the new provisions in the « Moroccan Family Code »

Moroccan couples residing in Canada that have establish their marriage contracts in Morocco and that wish to divorce, may choose one of the following options :

A- Divorce in Canada : Soit (step 1) Commence divorce proceedings with Canadian courts, then (step 2) Acknowledgement of the divorce by Moroccan Courts through the Exequatur Procedure.

The Exequatur request is submitted by way of an application to the Court of your place of residence in Morocco or addressed to the Moroccan Ministry of Justice (Direction des Affaires Civiles) in Rabat, Morocco.

Si vous êtes dans l’impossibilité de faire vous-même la demande d’exequatur, vous pouvez faire établir une « procuration », - (en arabe ou en français mais traduite en langue arabe), avec signature légalisée – afin de mandater une tierce personne au Maroc (Avocat, Notaire ou toute autre personne de votre choix) à l'effet de se charger de la procédure, en votre lieu et place.

To do so, please include with your request the following documents :
    1. « Divorce acknowledgment form », signed and legalized (please fill and print) - (Any form submitted to the Consulate must necessarily be signed in front of a Consulate Officier or a Comissionner for Oaths);
    2. One (1) certified photocopy of your national identity card (CIN/CNIE) ;
    3. One (1) photocopy of your passport (for non Moroccan nationals) ;
    4. Original copy of your Moroccan marriage contract ;
    5. One (1) original copy of your Canadian divorce contract + an Arabic translation by a certified translator in Morocco ;
    6. Original copy of the divorce judgment notification delivered by the Canadian courts + an Arabic translation by a certified translator in Morocco ;
    7. Certificate of no appeal attesting that the divorce is final and irrevocable (Certificate from the court registry stating that there is no opposition, appeal or cassation against the judgment) + an Arabic translation by a certified translator in Morocco ;
    8. « Fees » must be paid in cash or by bank order made payable to the « Consulate of Morocco ». Money orders from Canada Post, Western Union or Money Transfer as well as personalized cheques are not accepted.
N.B : The spouses can each undertake the exequatur process separately.


B- Divorce in Morocco : (step 1) Commence divorce proceedings with the Moroccan family judge “Juge de la Famille’’ by preparing the below mentionned documents, than (step 2) designating an individual (lawyer or relative) who will take care of the procedures by proxy.

If the spouses decides to undertake an amicable divorce, with our without conditions, they must come to the Consulate with the following documents :
    1. « Mutual consent agreement form », with legalized signatures of both spouses (please fill and print) - (Any form submitted to the Consulate must necessarily be signed in front of a Consulate Officier or a Comissionner for Oaths);
    2. « Divorce contract authorization request form », with legalized signatures of both spouses (please fill and print) - (Any form submitted to the Consulate must necessarily be signed in front of a Consulate Officier or a Comissionner for Oaths);
    3. Consular ID of both spouses (only for Moroccan nationals) ;
    4. CIN/CNIE of both spouses (only for Moroccan nationals);
    5. Passports (Moroccan nationals and foreigners);
    6. Original copy of their Moroccan Marriage contract;
    7. Proof of income of both spouses;
    8. If the spouses have any children :
  • Birth certificates of the children ;
  • Certificates of school attendance ;
  • Medical certificates of any children with disabilities.
    1. « Fees » must be paid in cash or by bank order made payable to the « Consulate of Morocco ». Money orders from Canada Post, Western Union or Money Transfer as well as personalized cheques are not accepted.
After the file is ready, a lawyer or a relative will be mandated to submit the Divorce request by proxy with the Family judge in Morocco (in accordance with the following territorial prescriptions) :
  1. Place of the matrimonial home in Morocco ; or,
  2. Place of residence of the wife ; or,
  3. Place of residence of the wife in Morocco ; or,
  4. Place where the marriage contract was established in Morocco

N.B : the Moroccan divorce pronounced by a Moroccan court must be submitted to a Canadian court for it to be valid in Canada (contact for that the Canadian Authorities).