Divorce according to the Family Code in Morocco

Divorce according to the Family Code in Morocco

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Repudiation and divorce will become a prerogative that can be exercised as much by the husband as by the wife while under the old legislation they were left to the discretion of the husband only, and were often exercised in an arbitrary way.

The new law adopts the principle of divorce by mutual consent and under judicial supervision. The new legislation protects women's rights by making repudiation conditional upon the court's prior authorization and enhances the chances for reconciliation, both through the family and the judge.

It also requires that all monies owed to the wife and children be paid in full by the husband before divorce can be duly registered. Verbal repudiation by the husband is no longer valid, as divorce is now subject to a court ruling. Under the old legislation, repudiation was an exclusive and unrestricted right of the husband;

Expand the woman’s right to file for divorce when the husband does not fulfil any of the conditions stipulated in the marriage contract, or for harm caused to the wife such as lack of financial support, abandonment, violence, and other harm, in view of endorsing the general legal principle: ‘neither harm nor be harmed,’ to promote equality and equity between the two spouses.