Divorce for discord (chiqaq) in Morocco: procedure, timeframes and advice

Divorce for discord, known as chiqaq, is provided for by the 2004 Moroccan Family Code (Moudawana). It allows either spouse to ask for the marriage to be dissolved when living together has become impossible because of a deep and lasting disagreement.

Who can file for chiqaq?

Both the husband and the wife may file a petition for divorce for discord. There is no need to prove a specific fault by the other spouse: the persistence of the conflict is the basis of the petition.

Steps of the procedure

1. The petition is filed with the family section of the competent court of first instance (for example in Agadir or Inezgane).
2. Reconciliation: the court must attempt to reconcile the spouses. It may appoint arbitrators or any qualified person, including members of both families.
3. The judgment: if reconciliation fails, the court grants the divorce and sets out each party’s rights.

How long does it take?

The Family Code provides that the court must rule on the petition within six months of its filing. In practice, the duration may vary depending on the complexity of the case and the court’s workload.

Which rights are decided by the judgment?

The court rules in particular on:

• the wife’s entitlements (consolation gift – mut’a, maintenance during the waiting period, etc.);
• child custody and visitation rights;
• child maintenance and housing;
• any damages where one spouse is found responsible for the breakdown.

Our advice

• Gather the relevant documents: marriage certificate, children’s birth certificates and proof of income.
• Where possible, take advice before leaving the marital home.
• Keep the children’s interests in mind: they guide many of the judge’s decisions.

A lawyer helps you prepare the petition, defend your financial rights and arrange custody in the best possible conditions.

This article is for general information only and does not replace advice tailored to your situation.