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Morocco: Marriage and Divorce – Legal and Cultural Aspects Report Morocco: Marriage and divorce – legal and cultural aspects Translation provided by the Office of the Commissioner General for Refugees and Stateless Persons, Belgium Report Morocco: Marriage and divorce – legal and cultural aspects LANDINFO – 21 APRIL 2017 1 About Landinfo’s reports The Norwegian Country of Origin Information Centre, Landinfo, is an independent body within the Norwegian Immigration Authorities. Landinfo provides country of origin information to the Norwegian Directorate of Immigration (Utlendingsdirektoratet – UDI), the Immigration Appeals Board (Utlendingsnemnda – UNE) and the Norwegian Ministry of Justice and Public Security. Reports produced by Landinfo are based on information from carefully selected sources. The information is researched and evaluated in accordance with common methodology for processing COI and Landinfo’s internal guidelines on source and information analysis. To ensure balanced reports, efforts are made to obtain information from a wide range of sources. Many of our reports draw on findings and interviews conducted on fact-finding missions. All sources used are referenced. Sources hesitant to provide information to be cited in a public report have retained anonymity. The reports do not provide exhaustive overviews of topics or themes, but cover aspects relevant for the processing of asylum and residency cases. Country of origin information presented in Landinfo’s reports does not contain policy recommendations nor does it reflect official Norwegian views. © Landinfo 2018 The material in this report is covered by copyright law. Any reproduction or publication of this report or any extract thereof other than as permitted by current Norwegian copyright law requires the explicit written consent of Landinfo. For information on all of the reports published by Landinfo, please contact: Landinfo Country of Origin Information Centre Storgata 33A P.O. Box 8108 Dep NO-0032 Oslo Norway Tel: +47 23 30 94 70 E-mail: [email protected] Website: www.landinfo.no Report Morocco: Marriage and divorce – legal and cultural aspects LANDINFO – 21 APRIL 2017 2 SUMMARY This report concerns legal and cultural aspects of marriage in Morocco. While the Family Law (2004) regulates the legal aspects of marriage in Morocco, it has been customary that the marriage celebration has been carried out according to different ethnic and geographic traditions. Today however, local practices are progressively being replaced by a standard “national model” for celebration marriage, with more or less fixed elements. The report deals with the different stages of the marriage celebration in Morocco, from the signing of the marriage contract to the wedding reception. Although the choice of partner is generally free, the groom’s family still plays an important role in the decision. Studies of Moroccan marriage patterns show that marriages are predominantly endogamous, and that marriages between relatives are still common. The report finally concerns legal and social aspects of divorce. Report Morocco: Marriage and divorce – legal and cultural aspects LANDINFO – 21 APRIL 2017 3 CONTENTS 1. Introduction ........................................................................................................ 6 2. Population structure, ethnic groups and living conditions ............................ 6 3. Family structure and gender roles ................................................................... 8 4. Marriage.............................................................................................................. 9 5. Family Law of 2004 (Moudawana) ................................................................. 10 5.1 Enforcement of the family law ............................................................................. 11 6. Establishing a relationship .............................................................................. 12 7. Choice of spouse ............................................................................................... 13 7.1 Arranged marriage versus free choice of spouse .................................................. 13 7.2 Endogamous marriage pattern .............................................................................. 14 7.3 Age difference between spouses ........................................................................... 15 7.4 Marriage between relatives ................................................................................... 16 7.5 Choice of spouse across religious, socio-economic and cultural norms ............... 16 8. Engagement ...................................................................................................... 17 8.1 Marking the engagement ...................................................................................... 18 8.2 To what extent do the future spouses know each other? ...................................... 18 9. Bride price......................................................................................................... 19 10. Procedures for entering marriage .............................................................. 20 10.1 Marriage by proxy ................................................................................................ 21 10.2 Registration of marriages concluded abroad ........................................................ 21 11. Wedding celebration .................................................................................... 22 11.1 Hammam and henna party .................................................................................... 23 11.2 Wedding party ...................................................................................................... 23 11.3 Expenses for the wedding celebration .................................................................. 24 11.4 Are there reasons to refrain from having a wedding party? ................................. 25 12. Multiple marriages (polygamy) .................................................................. 26 13. Child marriages ............................................................................................ 27 14. Forced marriages ......................................................................................... 28 14.1 Assistance to victims of forced marriages ............................................................ 28 Report Morocco: Marriage and divorce – legal and cultural aspects LANDINFO – 21 APRIL 2017 4 15. Religious marriages and urfi marriages .................................................... 29 16. Divorce .......................................................................................................... 30 16.1 Different types of divorce ..................................................................................... 31 16.2 Revocable and irrevocable divorce ....................................................................... 32 16.3 Approval of foreign divorce ................................................................................. 32 16.4 Spousal maintenance (alimony) and child support ............................................... 33 16.5 Custody ................................................................................................................. 34 16.6 Social position of divorced women ...................................................................... 34 17. References ..................................................................................................... 36 Report Morocco: Marriage and divorce – legal and cultural aspects LANDINFO – 21 APRIL 2017 5 1. INTRODUCTION The extensive topic of marriage and divorce is difficult to cover comprehensively in the context of a single report. This report is therefore not an exhaustive account of marital traditions in Morocco, but reflects issues raised by the immigration authorities to Landinfo over time. Hence the content of the report is of particular relevance to the immigration authorities.1 Furthermore, it should be emphasised that the report mainly concerns marriages between Moroccan citizens in Morocco. Procedures for the registration of marriages concluded outside Morocco, either between two Moroccans or between a Moroccan and a foreign spouse, are only mentioned briefly. The report is mainly based on information received by Landinfo during fact-finding missions to Morocco in 2011, 2013, 2014 and 2015, mainly in Rabat, Casablanca and Nador. Information from these missions is supplemented by various written sources. The present report must be seen in conjunction with other publications on Moroccan conditions by Landinfo, including the reports on remarriage (Landinfo 2014a), migration (Landinfo 2014b) and ID documents (Landinfo 2016). 2. POPULATION STRUCTURE, ETHNIC GROUPS AND LIVING CONDITIONS Morocco is a stable monarchy with a long tradition and history. The royal family enjoys high legitimacy within the population, and King Mohammed VI, in addition to being the country’s head of state, is also its supreme religious leader. Morocco did not go through upheavals like other countries in the region during the Arab spring, but the events in countries like Tunisia and Egypt have led to increased pressure on the government to implement reforms. The king has expressed his willingness for political and social reform and has personally initiated a new constitution (2011) and new special laws, including the 2004 family law. At the parliamentary elections in 2011, the Islamist Party Parti de la Justice et du Développement (PJD) achieved a majority in parliament,
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