More marriage, less divorce attributed to new Moroccan family code

15/02/2008

Morocco issued an updated package of family laws in 2004. In a recent justice ministry study, the law is shown to have had significant impact on the country's social development.

By Sarah Touahri for Magharebia in Rabat – 15/02/08

[Sarah Touahri] Morocco's Minister of Justice Abdelwahed Radi said the country's family code "maintains balance in the family and encourages reconciliation rather than divorce". Although some women continue to marry young, the ministry said this is a cultural issue that cannot be stamped out overnight by a new law.

Four years after its introduction, Morocco's family code has received a positive assessment from the justice ministry. At a conference held Monday (February 11th) in Rabat, Minister of Justice Abdelwahed Radi said the family code has brought with it a number of advances, ensuring that both men and women can enjoy their full rights and dignity.

"It maintains balance in the family," Radi said, "and encourages reconciliation rather than divorce."

According to ministry data, the number of marriages increased by 9% in 2007 compared with 2006, reaching 300,000, whilst the number of divorces decreased: 27,900 cases, giving a slight fall of 1.19%. Divorce by mutual consent, one of the new features to be found in the family law, accounted for nearly 30% of cases in 2007. This kind of divorce indicates the willingness to separate on good terms, which is greatly beneficial to families with children.

Changes made under the code have allowed more women to initiate divorce proceedings. As a result, there were 26,547 applications for divorce by women in 2007, compared with 14,181 lodged by men.

According to justice ministry official Ibrahim Lisser, "People have responded well to the introduction of the family law. The measures contained in the text have not been seen as an obstacle. The increased number of marriages proves this."

In fact, reconciliation is one of the core ideas of the family code. It affords couples the opportunity to resolve their problems before advancing to talks of divorce. There were 8,512 documented cases of reconciliation in 2007, which represents a 14.45% increase over 2006 figures.

Another possible effect of the law is that more women are marrying without permission from a guardian. In 2007, 62,162 women arranged their own marriages, which was 3.44% more than in 2006.

Meanwhile, polygamous marriage agreements made up just 0.29% of the total in 2007.

According to women's associations, one serious problem remains – the marriage of minors. The number of such marriages remains high, constituting 10.03% of all marriages.

The family code increased the marrying age of women from 15 to 18 years, but parents may still secure a waiver from a judge. According to the justice ministry, this is a cultural issue that cannot be stamped out overnight by a new law. Instead, the ministry intends to raise public awareness.

Many other measures have been introduced to complement the reforms: family courts have been created, judges have received additional training, and civil registry procedures have been modernised.

Radi said the efforts to modernise family matters will continue. "This assessment proves in a tangible way what great efforts have been put into family law," he said.

"There is a need to improve working conditions in the family justice departments," the minister continued, "in order to promote a higher quality of service, to modernise, and to restore confidence in the justice system."