Divorce pronounced by foreign courts
Introduction
In the event of divorce at a foreign court, the concerned people must make their divorce recognized by the Moroccan legislation if the act of divorce comprises provisions having a financial incidence or may be contrary to the public order. For such cases, there is a special procedure of execution of the court's decisions, called “exequatur”, which makes the act of divorce recognized by the Moroccan legislation.
Procedure
The request for exequatur is presented by way of request and is lodged with the court of the place of residence in Morocco or sent directly to the Ministry for Justice (Direction of the Civil Affairs - Rabat - Morocco).
A power of Attorney may be established to designate a person in Morocco (Lawyer, notary or any other person to carry out the procedure).
The Arabic power of Attorney must be duly legalized by the consular services.
Document required
- Consular registration;
- Copy of the CNIE for the Moroccan nationals;
- Copy of the Passport (for non - Moroccan nationals);
- Marriage certificate (Original ) + copy;
- Original of the act of foreign divorce + copy;
- Original of the notification of the judgment, or any other document confirming the act;
- Certificate attesting that the divorce is final and irrevocable issued by a qualified officer stating that there is no existing opposition to it, nor appeal or call in cassation;
- Translation in Arabic language of the act of divorce, the notification of the judgment, and the certificate of no appeal, done by a sworn translator.
