MOROCCAN AND INTERNATIONAL FAMILY LAW LAWYER
Family law in Morocco saw the promulgation of a new code, which came into force on 02/05/2004,
giving new dynamism to the marital relationship.
In particular the main subjects regulated by the family code are marriage and divorce.
THE WEDDING :
Marriage has become an act which cannot be contracted without the sight of the court, and without its prior authorization.
Thus a legal procedure has become necessary before the registration of any marriage, whether between Moroccans or a mixed marriage.
The latter links a man and a woman, one of whom is of foreign nationality. In this case, the marriage goes through a request to the family court after having completed all the administrative formalities provided for by law.
DIVORCE
The new family code (ALMODAWANA) of 2004 has greatly simplified divorce procedures. More precisely, it is possible to divorce in a fairly short time thanks to the new divorce by “chikak” and divorce by mutual consent.
In Morocco, divorce procedures can take several forms:
1-divorce for non-payment of alimony.
2-divorce for disappearance.
3-divorce for harm.
4-divorce by KHOLAi.
5- divorce before ALBINAA .
6-ACHIKAK divorce.
7-divorce by mutual consent.
8-divorce RIJAI.
SUPPORT:
A more specific aspect of alimony is that it is among the rights that result from marriage.
So it is supposed to be amicable, but it can be subject to judgment.
Which means that the spouse can refuse to resume the normal execution of the judgment, which orders the payment of alimony.
in this case a criminal procedure is provided, to force him to execute it through criminal sanctions.
In addition, the amount of alimony may be increased or decreased, if new elements arise in the situation of the creditor or that of the debtor.
Obviously the review of alimony can be requested by producing supporting documents.
SHARING OF PROPERTY:
First of all, it must be said that the family code provides for the possibility of the distribution of property acquired after marriage, in the event of divorce, in an annex to the marriage contract.
and also whether there is a real participation in the acquisition of property after the marriage. according to article 49.
HEBREW DIVORCE:
the firm provides legal assistance in Hebrew law, applicable in divorce and inheritance between Moroccan Jews.
This procedure provided for in Moroccan Jewish family law, applied in Morocco for a long time.
DIVORCE OF FOREIGNERS:
The divorce can be pronounced by foreign jurisprudence, at this time, we take care of the execution request (for the validity of the divorce pronounced abroad). in an exequatur procedure.
Furthermore, divorce between two foreigners can be pronounced by a Moroccan court.
For all these reasons, the firm deals with the divorce of foreigners, which is ensured by Moroccan law, in the court of first instance, the civil chamber. in application of the laws relating to the personal status of each foreigner from his country of origin.
Although any foreigner residing in Morocco has the right to consult the Moroccan courts, for matters relating to his personal status, whether marriage, divorce, pension, custody, conciliation, succession or others.
Family code in French: downloaded here
Family code in Arabic: downloaded here
OBTAIN MOROCCAN OR FRENCH NATIONALITY:
The CASABLANA NKAIRA LAW FIRM supports you in obtaining Moroccan and French nationality. Nationality is a legal bond that links a person to a specific state. This connection results in rights and obligations for individuals.
FRENCH NATIONALITY:
There are several ways to obtain nationality:
- By descent or blood law.
- By birth in France to French parents (original French nationality).
- By acquisition: either automatic (birth and residence in France) with the application of land law. Either by declaration due to marriage with a French spouse, or by reinstatement or by naturalization decree.
French nationality law is governed by the civil code, in particular articles 17 to 33-2, by decree 98-720 of August 20, 1998, by decree 2005-25 of January 14, 2005, by decree 2007 -610 of April 25, 2007 and Article R.321-30-1 of the judicial organization code.
MOROCCAN NATIONALITY:
The law relating to nationality has seen a major step forward since 2007 with new reforms with the aim of harmonizing it with the fault code following law n° 62-06 promulgated by dahir n° 1-07 -80 of March 23, 2007 – 3 rabii I 1428; BO n° 5514 of April 5, 2007, MOROCCO like FRANCE knows several ways to obtain nationality:
- Nationality by parental filiation or by paternal filiation
- Nationality by birth in Morocco
- Acquiring Moroccan nationality
- Acquisition of Moroccan nationality by Kafala
- Acquisition of Moroccan nationality through marriage
- Naturalization
- Exemptions for foreigners who have rendered exceptional services to Morocco or whose naturalization is of exceptional interest for Morocco.
Reintegration Loss of nationality and forfeiture.
TEXT OF LAW:
Moroccan nationality code
Master NKAIRA
Divorce lawyer Casablanca
Contact the Casablanca lawyer MAITRE NKAIRA on the number +212 522 260 432 or make an appointment online .
