Morocco's Moudawana Reform 2026: 8 Key Changes for Moroccans Abroad

In December 2024, King Mohammed VI approved 139 revised provisions to reform Morocco's Family Code. As of April 2026, the text is still being debated in Parliament. Here are the 8 concrete measures that will change daily life for Moroccans living abroad once enacted.

Where does the reform stand in April 2026?

Launched by royal letter in September 2023, the Moudawana reform reached a decisive milestone on December 23, 2024: King Mohammed VI presided over a working session at the end of which 139 revised provisions were validated. Since then, the text has been following the standard legislative process: Council of Government, then Parliament.

As of March 2026, the Ministry of Justice confirmed that the Moudawana remains one of the main ongoing legislative projects. The legislative elections scheduled for autumn 2026 add additional political pressure.

The 2004 Family Code therefore remains in force today. But the main lines are settled. Here is what will change for Moroccans abroad.

1. Marriage abroad without Muslim witnesses

This is the most directly useful measure for Moroccans living abroad. Current Moroccan law requires two Muslim witnesses to validate a marriage. In practice, this rule creates obstacles for Moroccans settled in Europe or North America who wish to marry in a context where gathering two Muslim witnesses is difficult.

The reform provides an explicit exception: if having two Muslim witnesses is impossible abroad, the marriage will be valid without this condition. The Moroccan consulate in the country of residence can attest to this.

2. Legal guardianship granted to the custodial mother after divorce

Today, even when a court awards physical custody to the mother after a divorce, the father retains legal guardianship (wilaya). This means the mother cannot renew her child's passport, enroll them in school, or make medical decisions without the father's consent.

The reform transfers legal guardianship to the mother who has custody. She will be able to act alone for all administrative procedures concerning her children, without depending on her ex-husband's cooperation.

3. Custody maintained after mother remarries

Under the old code, a mother who remarried automatically lost custody of her children. The reform ends this provision. The mother retains custody of her children even if she remarries, unless a judge decides otherwise in the child's interest.

4. Marital assets recognized as joint property

The reform introduces a new framework for assets acquired during marriage. The wife's domestic work is now recognized as a contribution to family assets. In case of divorce, she can assert this contribution before a judge to obtain a share of joint assets, even if these assets are registered in the husband's name.

For Moroccans abroad, this notably concerns real estate purchased in Morocco during the marriage.

5. Polygamy made virtually impossible

Polygamy is not explicitly banned in the text, but the conditions are so restrictive it becomes virtually impossible in practice. Women can include an anti-polygamy clause in the marriage contract from the outset. If this clause is present, the husband cannot take a second wife. A judge can also refuse a polygamy request if the first wife objects or if the husband cannot prove his ability to equitably support two households.

6. Marriage age set at 18

The legal marriage age is set at 18 for both boys and girls. An exception remains possible at 17 under strict conditions with mandatory judicial approval. Marriage of minors under 17 is definitively prohibited.

7. Paternity established by DNA testing

The Supreme Council of Ulemas validated the possibility of establishing paternity through genetic testing. For Moroccans abroad, this measure simplifies consular procedures related to recognizing children born overseas in complex situations.

8. Assets transferred to daughters during parents' lifetime

Parents can now transfer assets to their daughters while alive under expanded conditions. This is not a suppression of Islamic inheritance rules, but a mechanism allowing parents to correct inheritance inequalities through inter vivos donations.

What does not change

Several sensitive points have been maintained in their current form. The Taâsib rule (priority to male heirs in certain successions) is preserved. Equal inheritance between brothers and sisters is not introduced.

What Moroccans abroad should do now

The law is not yet in force. No specific administrative steps are required at this stage. When the text is published in the Official Gazette, the changes will automatically apply to new procedures. Judgments already rendered under the old code will not be challenged.

For complex questions related to custody, succession, or mixed marriages, a Moroccan family law attorney remains the most reliable resource to anticipate and prepare for the application of these new rules.

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