Announced in 2022, the reform of the Family Code (Moudawana) was meant to take effect before the end of 2025. As of October 2026, no new text has been adopted. The proposals are known and widely discussed, but they have no legal force until a law is passed and published in the Bulletin officiel (Official Gazette). Marriage, divorce, custody, inheritance: here is where the reform stands, what is only proposed, and what still applies to families today.
A process launched in 2022
The reform was launched by the Throne Speech of July 2022. A body in charge of the revision was set up in September 2023. On 23 December 2024, a working session chaired by the King presented more than 100 proposals, covering 139 revised provisions. These steps set the main direction. They are not a law: the text still has to be finalised, adopted by Parliament and published in the Bulletin officiel.
A timetable that has slipped
Entry into force was initially expected before the end of 2025. In August 2026, the then Minister of Justice spoke of « last adjustments » and expected adoption during the first year of the new legislature. Since then, the September 2026 legislative elections have led to a new government, whose 2026-2031 programme mentions the reform. In mid-October 2026, voices in the press called on the government to set a timetable, with the question of children born out of wedlock remaining a sensitive point.
The main proposals, which are not yet law
The published guidelines cover several concrete aspects of family life. They should be read as proposals: their final wording may still change while the bill is prepared and debated in Parliament. None of them can be relied on before a judge today, and the exact conditions of each measure will only be known once the text is published.
- Marriage age set at 18, with exceptional authorisation possible at 17.
- Marriage of Moroccans living abroad without Muslim witnesses.
- Polygamy kept but more tightly regulated.
- A non-judicial mediation and reconciliation body before divorce proceedings.
- A divorced mother keeps custody after remarrying.
- Protection of the family home for the surviving spouse.
- Lifetime gifts to daughters, in connection with the rule of taâsib (inheritance by male agnates).
What applies today
Until a new law is published, the current Family Code continues to govern every procedure: marriage, divorce, custody, maintenance, filiation and inheritance. Judges rule on the basis of the current text, not on announced proposals. The future law will have to set its own transitional provisions, particularly for proceedings pending when it takes effect. It is therefore too early to build a strategy on rules that have not been adopted.
Our advice while waiting for the reform
Our advice: do not postpone a necessary step (divorce, custody, maintenance, division of property) in the hope of a change in the law whose date is still unknown. Current rights and time limits continue to run. For family wealth planning, especially regarding the family home or transfers to daughters, it is useful to review what current law already allows, then reassess once the new text is published.
Sources
- Médias24, 12 August 2026: « Réforme de la Moudawana : il ne reste que les derniers ajustements »
- Le Matin, mid-October 2026: call on the government to set a timetable for the reform
- Medi1TV, October 2026: government programme 2026-2031
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.