Home > Family > France > 2011-10-06 - Court of appeal of Agen, n. 10/01601, n. 951/2011

2011-10-06 - Court of appeal of Agen, n. 10/01601, n. 951/2011

Family · France · Divorce

Moroccan law applicable to divorce between two Moroccan nationals leaving in France

Key fact of the case - The litigation involves two Moroccan nationals living in France, who had married in Morocco. The husband had left his family to live with another woman. In Morocco, he obtained a divorce ruling but this was declared inapplicable in France. Moreover, he married another woman in Morocco. In France he applies for divorce for discord. Her wife claims that he is responsible of the discord and should be accountable for the saddaq.

Main reasoning of the court - The court declares Article 3 of the civil code and Article 9 of the French-Moroccan convention of 10 August 1981 applicable, the latest providing to resort to the law of the country of the applicants. Moroccan law should be applied to the dissolution of the marriage.
Concerning the divorce for discord, the court applies Article 97 of the Moroccan Family code, which provides that the divorce is pronounced in case the reconciliation between spouses is impossible.
In addition, pursuant to Article 84 of the Moroccan Family code, the husband has to pay the remainder of the sadaq to his wife. The claim of the husband is eventually dismissed.