Getting a Foreign Judgment Recognised in Morocco: Exequatur Explained Simply

You divorced before a European court, obtained a judgment against a debtor, or a decision setting your children’s custody and maintenance. In Morocco, that judgment has no automatic effect: the civil registry will not record it, the bank will not enforce it, the administration will not recognise it. For it to take effect, you must in principle obtain exequatur, a decision of a Moroccan court that makes it enforceable. Here is how it works.

When is exequatur needed?

The most common situations are:

• a divorce granted abroad that you want recorded in the Moroccan civil registry, in particular to remarry in Morocco or regularise your administrative situation;
• a foreign decision on child custody or maintenance, to be enforced against a debtor living in Morocco;
• a judgment ordering a person or company to pay a sum, when their assets are in Morocco;
• an arbitral award made abroad, which follows specific rules, Morocco being a party to the New York Convention on the recognition of foreign arbitral awards.

What the Moroccan judge checks

The exequatur judge does not retry the case. The judge essentially checks:

1. that the decision was given by a competent court;
2. that the foreign proceedings respected the rights of the defence, in particular that the other party was properly summoned;
3. that the decision is final and enforceable in the country where it was given;
4. that it is not contrary to Moroccan public policy.

In family matters, the Family Code provides that foreign judgments of divorce, khol’ or annulment are enforced in Morocco if they were given by a competent court and are based on grounds compatible with those it recognises. In practice, most divorces granted abroad for marital breakdown or by mutual consent are recognised, but each decision is examined individually.

Bilateral conventions, notably with France, also make it easier to recognise certain decisions.

Documents to gather

The file usually includes:

• a complete certified copy of the foreign judgment;
• a certificate showing that it is final (no appeal pending);
• proof that it was served on the other party, or that the other party took part in the proceedings;
• an Arabic translation of everything by an approved translator;
• an apostille or legalisation of the documents, depending on the country of origin;
• the relevant Moroccan civil status records (marriage certificate, birth certificates).

A missing document or an approximate translation is the leading cause of rejection or delay.

The procedure

The application is brought before the competent Court of First Instance, in principle that of the defendant’s residence or the place where the decision is to be enforced, for example the court in Agadir or Inezgane for a family or assets located in the region. The court examines the file at one or more hearings and then gives its decision, which can be appealed.

Your personal attendance is generally not required: your lawyer represents you and sends you the decision once it is given.

After exequatur

Once the decision is obtained:

• for a divorce, the exequatur judgment allows the divorce to be noted in the margin of the Moroccan civil status records, directly or through the consulate;
• for maintenance or a debt, it can be enforced like a Moroccan judgment: attachment of earnings, bank accounts or assets.

Mistakes to avoid

1. Waiting for years: the longer you wait, the harder it is to obtain certificates and proof of service.
2. Remarrying in Morocco without having the divorce recognised: the legal situation can become extremely tangled.
3. Neglecting the quality of the translation, which must be faithful and complete.
4. Forgetting the children: if the foreign judgment deals with custody, make sure its terms are compatible with Moroccan law and, where relevant, consider whether additional proceedings are needed.

Full support from abroad

The office of Maître Said Laachili handles exequatur applications for Moroccans abroad and foreign clients, alongside their family law matters. For an overview of handling a case remotely, read our guide to managing a legal matter in Morocco from abroad, as well as divorce for Moroccans living abroad and mixed marriages in Morocco.

A foreign judgment to have recognised? Send us a copy for an initial review.