Divorce in Morocco

Islam1231978 wrote:

Hi there,
You seem to know what you’re talking about, I mean  this is in a good way.

I like to ask you for some advice as I am in a similar situation.
I am a British born Moroccan living in the U.K.

I married a Moroccan in  Morocco , we didn’t work due to him completely changing after married, abusive etc.
We have a child together and he is not bothers about him.

I have been trying to get divorce for almost 3 half years now.
Lawyer in Morocco have different but similar information on the progress for getting a divorce, which is very confusing.

Two lawyers who I spoke to say there will be 3 hearing/ seating (court days )  I have to attend the first 2 hearing of the divorce  but the one I currently have who was used and  recommended my family member say I only have to attend the first one and he will attend the other 2.

The Moroccan council (embassy) in the U.K. say I don’t have to attend court at all and I can get someone to go on my behalf andthis can be anyone as long as they have a Moroccan ID card and I discuss this with my lawyer and he said yes but it has to be Moroccan from the U.K.

My court date was booked a month in advance as I had someone to go on my behalf.


So I arranged for this to go ahead, , I wrote up the ( wakala ) representation form at the embassy., And I confirmed this with my lawyer that a family member will coming on myself, 2 days later and 7 days  before my court date, he msged me saying the wakala will not be accept and he will change it to a later date for me to come.
I asked him why he said I must attend.

But just before my lawyer msged me and tell he will be cancel the court date, I was inform by  a close family member that my ex husband has got my father to attend court to stand against me and he agreed ( yes shocking ) .

So my guess is due to my lawyer.maybe is not allowed to share this information, he decided to cancel and plan other date where my father can not attend. As he will be back in the U.K.


( I originally told my lawyer to cancel the court date to a later date and that I will come and attend instead, but then I found someone to attend for me, so I called my lawyer to see if we can stick with the original date and he said he hasn’t cancel the court date yet.)

I’m not sure if my lawyer is going this due to my ex having a witness and it won’t be a fair hearing or because he cancelled  because my ex has a witness to stand in court and my representation can’t talk or swear on my behalf and it  has to come from me.

I would have suggested to write a  statement for filing for divorce and swear my statement is true  and getting it sign  and stamped by the Moroccan embassy would be valid.

So my question due to my lawyer originally confirmation and the Moroccan embassy that I can get a divorce without attending court. This can be done?

My reasons for not wanting to attend court or fly to Morocco, is because I am scared to  my ex is abusive and even worse,  he swears on allah name and lies, and I can’t imagine what lie he will come up with in court and I was inform by a family that my father wants to help to get me into trouble with the law in the U.K., because so called he is trying to find away to come here.

so therefore I can’t be even imagine what they have come up with in Morocco. And I know for a fact women in Morocco have no  luck does not work in there favour and get  blamed or accused for something they have not done.

What are your thought and do you have anything advice?

For more info my ex got a bill to pay child support in Morocco and its around £300 month so I know he is trying to find away to not pay.

I hope to hear from you soon
Thank you.

Truly sorry to hear this. Technically you don’t need to in court and your lawyer can manage this. You also have to be careful as lawyer can switch sides depending on what the other party has done for example you ex might have paid him something.

However, I strongly advise not to go as this could be a ploy to make it difficult for you and take your child even if he doesn’t want him.

It’s been 3.5 years you legally can file for devoice in the U.K. your U.K. lawyer can send him the documents to sign and you can deal with it via the U.K. courts please ask a lawyer and explain the situation and it’s for your safety they will assist.

As the marriage is recognised globally and Morocco is part of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since December 1, 2012.

This will firstly protect you from anything he has in mind. Legally in Morocco the father is responsible for the child so he can try to make it difficult for you.

Secondly, it’s been 3.5 years if it was 5 years then you would not need your ex to sign any court paperwork in the U.K. 

This is at your cost as you would be the applicant and therefore once the devoice is final you give a copy to your ex who would then submit it to the courts in morocco to notify them your devoice but even if he doesn’t your still legally devoiced.

Any child Maintanance decision would be done in morocco not sure the U.K. would enforce it as he lives in Morocco and your in the U.K. so under U.K. law as he does not reside in the U.K. he legally does not have to pay child Maintanance or support.

That’s a matter you would have to attend in morocco but might be better to firstly devoice under the U.K. law which is recognised by morocco.  Then later deal with child support Within Morocco should you still want his support.

Any more questions please feel free to Dm privately and I can discuss in more details.

This info above is based on valued knowledge and legal work and advise I had done in the past on a similar story.

@Haroonahmed brother can you private message me i need to ask you something im in similar situations jazakallah khair

Hello! I have a similar issue - married to a Moroccan lady 2 years ago in Morocco, now wish to get divorced.

We both live in Portugal but apparently we can't get divorced here as neither of us are a PT National.

The idea is to get married again here, then divorced here and then notify that in Morocco afterwards; we both wish to avoid going to Morocco for personal and expense reasons.

Anyone any thoughts?

@RedRedWine100 hey. It’s not possible to get divorced in Morocco with coming here. At least one of you (the one who will file the divorce procedure) has to come to Morocco

@RedRedWine100 hire a Moroccan lawyer and start the divorce is the best you can do but if she go to Morocco and file first you don’t have to go there again but she has to do it start the process I have a Moroccan lawyer very good man of you like I can give you his number

@AlanWB can you advise me too this is my WhatsApp****

@ahouam if the Moroccan marriage wasn't registered, how will the UK know once he registers his new marriage there?

@TaschaR the Moroccan marriage is legally binding in Morocco and on the records.

the fact that it’s not registered in the embassy does not mean it’s not legal because it is.

@Vakil i do understand it is legal, however there are no records of it in the UK, correct? So how could this be known to the authorities?

@TaschaR

technically if he reports it or the court can at times notify the U.K. authorities should they suspect anything.

But for him as he Moroccan and he want to get remarried or something he would need you to sign and if you don’t sign it will cause him difficulties and that could prompt him to notify the embassy which would them bring the marriage to their attention. If you see my point.

@AlanWB can you advise me too this is my WhatsApp****
-@Maria Valladarez

Hi what's your number

@Haroonahmed

Sadly, according to UK Law, you're not married, unless you had a civil marriage which was registered.

Without telling everyone how 'bad' the woman was, concentrate by going to the Muslim Islamic  court and getting the divorce procedure in order.   

This is a long process (Islamic court would've done a 3 months separation, etc.), but as things have moved on, the Kazi should be able to help you out. 

Get all the papers together, including when she left you and moved to another country.

By Islamic Law she's still married to you, but any other Law, not. 

@Haroonahmed

Absolute nonsense regarding prison sentence for her despite what a Moroccan said!  Awful lot of men and women would be in jail by that reckoning!

Again,  as already stated your 2nd marriage is legal because you registered with UK Registry.

1st marriage only legal in the eyes of Islamic Law. 

@Haroonahmed damn sorry to hear that. I am noticing a pattern of deceit towards many foreign men and women by Moroccan women and men. NOT saying they're all bad but it seems a small percentage are destroying peoples lives

I need help as I'm in a situation which feels like I've been played or possibly not

@Maria Valladarez

kindly give me details of your moroccan lawyer.

his email and phone number please. if whatsapp then it will be great.

Hello everyone,

Just a quick reminder that contact details should not be posted on the forum.

Kindly use the private messaging system to share such information.

Thank you,

Cheryl

Expat.com team

hi,

i was married in Bouarfa, Morocco. it was the worst night mare of my life, We are separated in the country we live in. from her side it was just a marriage for visa and money.

I want to register my divorce in morocco, I need help from some lawyer who can help me to register the divorce in Bouarfa, Morocco.

kindly share with me the details. [l***], or tell me how can i do that, Bouarfa is a far city in deserts and its not easy to travel there. please what is right way to do that?

or please leave your details here, can anyone help me or advice me to register a divorce in morocco.

@ahouam could you please give me some advice for a USA / Morocco marriage / divorce with a child. Thank you.

@mpiovarcsikw what do you wanna know?

We divorced in the USA, he Morrocan, I American. We married in both Morocco and America. He will register the American divorce in Morocco when he wants to marry again.

@Belt99 is it better to divorce in the US or in Morocco ? For the Moroccan spouse? Knowing the marriage was in the US initially, but got an equivalence in Morocco, there's a child born in Morocco but who's a US citizen.

The US spouse had mental health problems and pbms with drugs, the child lives with his mother in Morocco. The US family doesn't pay anything for the child and never did.

Now the US family contacted a lawyer in Morocco asking for an 'amicable' divorce...after learning the child was a US citizen (they didn't know).

The father left the family after his child's birth, for a year and a half, came back for 6 months and left again for 2 years...

Thank you

@Nana Tee hi Nana 🙂 do you guys have a child?

Were you married first in Morocco? Or in the US? Do you know if there's any legal obligation to divorce where you married ? Or if the marriage is recognized in both countries it doesn't matter where you file?

Would you have someone to recommend me in California San Diego, a family attorney or someone who can answer legal questions? Thank you.

@Nana Tee hi Nana 🙂 do you guys have a child?
Were you married first in Morocco? Or in the US? Do you know if there's any legal obligation to divorce where you married ? Or if the marriage is recognized in both countries it doesn't matter where you file?
Would you have someone to recommend me in California San Diego, a family attorney or someone who can answer legal questions? Thank you.
-@mpiovarcs

We were married first in Morocco. We then married again in USA. I have always been told you divorce where you are a resident of (where you live) Sorry I live in the Midwest. I don't know anyone in California. I'd just google divorce attorneys near me. Or you could go online to the state website and see if you can get documents there and do it yourself. I've always done my own legal stuff. I hope this helps. Good luck!!

Salaam walaekum.

I have a Moroccan friend in a very stressful situation.

He married a lady from Eastern Europe. They married in Morocco.

After marrying she did not want to live in Morocco with him due to serious health complications which he was previously unaware of.

He is in Morocco. Initially they were together in Morocco. She is now back in her country. They are now estranged.

She changed her name officially in her country and took his surname. Which may complicate things further.

He is a good man who goes to the mosque for early prayers. He would like to divorce her but she does not want to divorce.

What can he do?

Thank you.