Couples frequently find it impossible to maintain a harmonious life together, or one of the spouses wishes to dissolve the matrimonial bond for incompatibility or other reasons. In this respect, the Moroccan Family Code, known as MOUDAWANA, allows the wife and husband to apply to the Family Court for a divorce on grounds of discord.
The procedure for this type of divorce is as follows: as soon as the divorce petition is submitted, a file is opened and presented to the Court at an initial hearing. A reconciliation hearing is then scheduled, which both parties must attend, each accompanied by a family member or close friend. The judge then hears the reasons put forward by each of the parties and records them in a Procès-Verbal.
A second period for reconciliation is then granted by the judge, who sets a new hearing. If reconciliation is achieved by this time, the case is closed. Otherwise, the case is referred to a public hearing. The presence of the parties is not required at this stage, as only the lawyers are present to present arguments and claims. The case is then reserved for a later hearing.
At this hearing, a judgment is handed down, setting out the obligations associated with the divorce, such as the amount of child benefit, accommodation for the wife during the waiting period, etc. The judge sets a deadline for the husband to deposit the sums determined, after which a hearing is scheduled to confirm the deposit. The judge sets a deadline for the husband to deposit the determined sums with the Tribunal, after which a hearing is scheduled to confirm the deposit. It is at this hearing that the divorce decree is pronounced, stipulating the amounts allocated to child custody, visitation arrangements, and so on.
It is important to note that if it is the wife who initiates the petition for divorce on grounds of discord, she is not entitled to the gift of consolation (Mout'a). In the event of proven damages with supporting evidence, the injured party may seek redress from the court.
Therefore, the presence of the divorce petitioner is mandatory at the first and second reconciliation hearings, unless the petitioner lives abroad, in which case the Court may, at the request of his lawyer, exempt him from the second reconciliation hearing.
The divorce decree on grounds of discord is final and not subject to appeal or opposition, although the amounts awarded may be contested. The overall duration of these proceedings should not exceed six months.
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