Moroccan Court Grants Divorce in Absentia as Father Authorizes Son to Handle Proceedings

According to the Family Code in Morocco, the divorce procedure cannot take place in the absence of the spouses. Failing that, the task of reconciliation is entrusted to diplomatic missions or consular services in the country of residence of the persons concerned.

This time, reports the newspaper Assabah, the procedure took place within a Moroccan court, in Safi. The judge was content with the simple power of attorney of the spouse, handed over to his son, to render his final judgment and pronounce the divorce for disagreement.

The court decision, continues the same source, would have been motivated by the presence of the spouse in a foreign country. And, in accordance with Article 400 of the Moudawana, it is necessary to take into account cases of force majeure, in order to spare the applicant unnecessary expenses.