In the courtrooms of the Rabat family section, the reform of the Moudawana is no theoretical debate. It shows up in the case files: a mother who loses custody when she remarries, a father who discovers he cannot obtain shared custody, a wife who paid for the family home without her name appearing on the title. Here, in my view, is what the reform must address first.
1. Custody should no longer be lost through remarriage
Article 175 causes a mother to lose custody of her children over the age of seven when she remarries, save for narrow exceptions. In practice, this rule forces women into an impossible choice between rebuilding their lives and raising their children. Custody should be decided on a single criterion, the best interests of the child, assessed by the judge case by case.
2. Children's housing comes before maintenance
The maintenance set by the court rarely covers the real rent in Rabat or Salé. The Code already provides that the father must house the children in custody (art. 168), but the assessment often remains symbolic. A reference scale for each city, updated every year, would avoid months of disputes and expert assessments.
3. Assets acquired during the marriage
Article 49 allows spouses to agree on a document governing the management of assets acquired during the marriage. Almost no one signs it. Without one, the judge has to reconstruct each spouse's contribution, and domestic work remains very hard to value. The reform should establish a presumption of contribution and make proof easier, without imposing a community of property that most couples do not want.
- Make information about Article 49 mandatory when the marriage contract is drawn up.
- Accept all forms of evidence of contribution, including work in the home.
- Provide for a fast settlement procedure, separate from the divorce.
What this means for you today
Until the new texts are published in the Official Bulletin, the 2004 Code applies. Two steps are worth taking right now: sign an asset management agreement before or during the marriage, and keep evidence of your contributions (transfers, invoices, loans). The firm assists with these steps and will follow the reform as it comes into force.
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.