The committee tasked with reforming Morocco’s Family Law announced the long-awaited proposed amendments to improve the legal framework that applies to Moroccan families, based on proposals from the committee and the religious opinion of the Supreme Council of Ulema.
The recommendations address critical issues including child marriage, polygamy, custody disputes, and financial support (Nafaqa).
Justice Minister Abdellatif Ouahbi described the key proposals, including the possibility of documenting engagement and using the marriage contract alone as the primary proof of marriage, with specific exceptions for cases where marital status is proven through testimony.
The reforms would also strengthen marriage guarantees for people with disabilities and streamline the administrative procedures required for marriage registration.
Specific provisions include the following:
Marriage and Polygamy
The amendments include making it possible for Moroccans residing abroad to get married without the presence of Muslim witnesses when it is impossible to do so. The legal age for marriage would be set at 18 years for both men and women, with an exception allowing those as young as 17 to marry under certain strict conditions, under rare exceptions.
One of the most significant changes would make it mandatory for the husband to consult with his future wife during the marriage registration formalities about whether she requires a condition of the marriage that the husband not take another wife. Such a condition would be explicitly stated in the marriage contract. If the condition is not included in the contract, taking another wife would be allowed only under exceptional circumstances, such as infertility, an illness preventing marital relations, or other objective and exceptional reasons as determined by a judge.
Divorce and Family Mediation
A non-judicial body for reconciliation and mediation has been established, which will have jurisdiction to intervene in divorce cases, except for mutual consent divorces, to attempt to reconcile the couple and minimize the impact of divorce. The types of divorce and annulment have been reduced: divorce on the basis of discord now will cover most cases, and a six-month maximum timeframe will be set for resolving divorce cases.
Protection of Children’s Rights and Custody
The proposed amendments determine that child custody is a shared right between both spouses during the marriage, with the possibility of extending it by mutual agreement after separation. It also guarantees the right of the mother to custody of her children even after remarriage. Additional provisions have been added to ensure the right to housing for a child and new regulations for visitation and traveling with a child.
Financial Transparency
The proposed reforms include a new framework for managing assets acquired during marriage, recognizing the wife’s domestic labor as a contribution to family wealth.
Other Significant Reforms
– The use of modern electronic means for notifying parties in divorce and annulment cases.
– Shared legal guardianship between spouses during and after marriage, with unresolved disputes being referred to a family court judge.
– Increased protection of minors’ assets through judicial oversight of actions taken by their legal guardians.
– The right of a surviving spouse to retain the family home, with conditions specified by law.
Reforms on Inheritance and Gifts
The proposed amendments would implement the Supreme Council of Ulema’s recommendation on inheritance. Individuals would be permitted to gift their wealth to heirs during their lifetime, with legal possession taking the place of physical possession. Additionally, the reforms would allow for gifts and bequests between spouses even if they are of different religions.
The committee asserted that these revisions reflect a shift toward a modern legal framework, designed to replace outdated terms and conform Morocco’s Family Law with current social and legal developments in Morocco.