Mixed Marriages in Morocco: Legal Complexities Revealed in New Study

To carry out this study, interviews were conducted with several mixed families (composed of a Moroccan spouse and the other foreign, not necessarily French). The results revealed that the majority of these families navigate between uncertainties and misunderstandings, with regard to the matrimonial regime and succession.

According to Olivier Deau, a member of the FDM association and Maître Amin Fayçal Benjelloun, a notary and specialist in international successions, many of the 54,000 French nationals officially registered at the consulate are the spouses or parents of Moroccans. Some are Muslim, others are not. And while some have married in Morocco, others have done so abroad before transcribing their marriage certificate. "In short, these complex and intertwined legal operations leave room for confusion," reports Medias24.

Yet Morocco and France have signed a convention that allows two people of different origins to marry in their country of residence, without having to marry a second time in the country of nationality of the second person. It is enough to have the marriage transcribed within a period of two months, explains Olivier Deau. "Without transcription, there is no marriage in the eyes of the Moroccan authorities. This can generate complications, especially if there are children. For the children of a mixed couple to acquire Moroccan nationality, the marriage must be recognized by the authorities of the country," he adds.

In addition to the validity of the marriage certificate in two different countries, mixed couples face other difficulties related to the matrimonial regime and the distribution of assets. "It must be understood that the default matrimonial regime in Morocco is that of the separation of property. In France, it is that of the community of property," explains Deau. "If the couple resides abroad and one of the spouses is Moroccan, it is the Moroccan family code that will apply to this marriage, which implies a regime of separation of property," he specifies.

But according to Me Benjelloun, there is the possibility of establishing a marriage contract if the spouses express the desire. But for this, the parties concerned will have to be informed. This is where the lawyer deplores the fact that the adouls do not present it enough to the parties concerned when concluding the marriage certificate. According to him, this contract is a "rider to the marriage certificate in which the spouses declare the assets they share between them," in accordance with Article 49 of the Family Code. But it is considered a "legal uncertainty" because, in the event of death, the surviving spouse encounters enormous difficulties in terms of succession, indicates Medias24.

During his intervention, Me Benjelloun notified that "the legal solution to ensure the transmission of the succession is the will, when it is a question of a foreign woman not converted married to a Moroccan. And for the latter, the solution is the legacy." This will allow the Muslim children of a foreign non-Muslim mother to inherit from her, without her having to convert without conviction.

On the issue, Mohamed Abdennabaoui, president of the public prosecutor’s office, recently addressed a memorandum to the first prosecutors at the Court of Cassation and to all the public prosecutors general and to the magistrates of all the courts of the Kingdom, calling on them to "treat with caution" the various requests relating to mixed marriage.