Proposed Changes to Moroccan Family Law Could Ease Marriage Rules for Expats

One of the proposals concerns the marriage of MREs. It would make it possible for them to marry without the required presence of two Muslim witnesses. According to the presented text, this measure would respond to a long-standing demand and put an end to the difficulty sometimes encountered in finding witnesses in consulates.

Another proposal concerns the legal guardianship (wilaya) of children in the event of divorce. It provides for delegating this guardianship to the mother who has custody of the children. Currently, the father often retains this prerogative. If adopted, the measure would allow the mother to carry out legal acts concerning her children without having to obtain the agreement of the ex-spouse.

It is also proposed to recognize the domestic work of the spouse as a contribution to the increase of the family patrimony. At the same time, the financial support of the spouse would become mandatory from the signing of the marriage contract.

Regarding the property regime acquired during the marriage, it is proposed to settle the debts contracted by the spouses as a priority before the division. Another suggested measure is the exclusion of the marital home from the succession, in order to ensure that the surviving spouse retains his or her housing.

The custody of children after divorce is also addressed. A proposal would allow a divorced mother to retain custody of her children if she remarries, under certain undisclosed conditions in the presented text.

The Minister of Habous indicated during the presentation that the ulema left it to the King to "assess the relevance of these proposals in the light of the ’general interest’" (maslaha in Arabic). The adoption and implementation of these amendments therefore depend on this royal assessment.