Couples often find that they can no longer maintain a harmonious life together, or one of the spouses wishes to dissolve the marriage because of incompatibility or for other reasons. In this respect, the Moroccan Family Code, known as the Moudawana, allows both the wife and the husband to apply to the family court for divorce for discord (chiqaq).
The procedure for this type of divorce is as follows: once the divorce petition is filed, a file is opened and presented to the court at a first hearing. A reconciliation hearing is then scheduled, which both parties must attend, each accompanied by a family member or relative. The judge hears the reasons put forward by each party and records them in an official report.
The judge then grants a second reconciliation period and sets a new hearing date. If reconciliation is achieved at that stage, the case is closed. Otherwise, the file is referred to a public hearing. The parties do not need to attend at this stage, as only the lawyers appear to present the arguments and claims. The case is then reserved for judgment at a later hearing.
At that hearing, a judgment is delivered setting out the obligations arising from the divorce, such as the amounts of child maintenance, the wife’s accommodation during the waiting period (idda), etc. The judge sets a deadline for the husband to deposit the amounts determined with the court’s cashier, after which a hearing is held to record the deposit. It is at this hearing that the divorce judgment is pronounced, specifying the amounts allocated for the children’s custody, visiting arrangements and other matters.
It is important to note that if the wife initiates the petition for divorce for discord, she is not entitled to the consolation gift (mut’a). Where damage is proven with supporting evidence, the injured party may claim compensation from the court.
In addition, the petitioner must attend both reconciliation hearings, unless they live abroad: in that case, the court may, at their lawyer’s request, exempt them from the second hearing.
The judgment granting a divorce for discord cannot be challenged by appeal or opposition, except as regards the amounts awarded. The entire procedure must not exceed six months.