The New Law on the Enforcement of Foreign Judgments in Morocco: Guide to the New Code of Civil Procedure No. 58.25

The new Code of Civil Procedure No. 58.25 was officially published at Official Bulletin Moroccan law no. 7485 on February 23, 2026, following its promulgation by the Sharifian Dahir no. 1.26.07. This text will officially come into force six (6) months after its publication, i.e. on August 23, 2026. It introduces substantial amendments designed to simplify the procedure for the enforcement of foreign judgments in Morocco.

These reforms specifically concern divorce and dissolution of marriage proceedings for Moroccans living abroad (MREs). They also aim to expedite the processing of appeals, notably by limiting the appeal decision period to just one month.

This legal guide presents the main provisions of Articles 451 to 456 of the new Moroccan Code of Civil Procedure. It highlights the required conditions, the supporting documents to be provided, as well as the specific regime granted by the legislator to cases of family and divorce pronounced abroad.

Conditions for the Enforcement of Foreign Judgments in Light of the New Law 58.25

In accordance with thearticle 451 Under the new Code of Civil Procedure, no judicial decision rendered by a foreign court can be enforced within the territory of the Kingdom of Morocco without first being granted an executory formula by the Moroccan Justice.

L’article 453 In this regard, it sets strict conditions which constitute a genuine guarantee of control before the granting of the exequatur:

1. Jurisdictional competence The foreign jurisdiction must not have ruled on a dispute falling under the exclusive jurisdiction of Moroccan courts.
2. The absence of fraud The choice of foreign jurisdiction must not reveal any deceit or fraud intended to circumvent the application of Moroccan law.
3. Respect for the rights of the defense The Moroccan judge must ensure that the parties to the foreign dispute have been duly summoned and validly represented.
4. The acquisition of the authority of res judicata The foreign judgment must be final and no longer subject to ordinary appeals, in accordance with the law of the country in which it was made.
5. The absence of conflict with a Moroccan decision The foreign decision must not contradict a judgment or judicial decision already rendered by a Moroccan court on the same subject and between the same parties.
6. Respect for Moroccan public order The foreign judgment must not contain any provision contrary to the public policy of the Kingdom of Morocco.
7. Compliance with international conventions The decision must not violate international conventions ratified between Morocco and the foreign state concerned, when they were published in the Official Bulletin.

Documents Required for Filing an Application for Enforcement

L’Article 453 (paragraph 2) It expressly stipulates that the application for enforcement must be accompanied by several official documents. Otherwise, the application risks being declared inadmissible.

The parts to be produced are as follows:

• An official certified shipment This is an official copy of the foreign judgment or judicial decision, bearing the seals of the jurisdiction that issued it.
• The certificate of no appeal, or certificate of finality This document officially attests that the judgment was not subject to any opposition, appeal, or appeal to the Court of Cassation.
• Certified translation All documents and materials must be translated fully and accurately into Arabic. This translation must be certified as a true copy by a sworn translator accredited to the Moroccan courts.

The Procedural Revolution of Divorce and Family Law Judgments for Moroccans Abroad

The new Code of Civil Procedure No. 58.25 introduces a major shift in the area of ​​marital dissolution in order to protect the rights of Moroccans residing abroad (MREs). Pursuant to thearticle 454The order granting enforcement in these cases is not subject to appeal. including from the Public Prosecutor's Office, in its section relating to the end of the marital relationship. The Ministry Public can only appeal if the order is contrary to public order.

This rule represents a radical innovation. Under the old Code (article 430), the procedure was collegial and subject to ordinary appeal procedures.

In practice, this means that as soon as the husband or wife obtains in Morocco the exequatur order for the divorce pronounced abroad, the decision concerning the dissolution of marriage becomes immediately final and enforceable. The other party cannot appeal to block the administrative transcription process or the conclusion of a new agreement. wedding in Morocco.

Jurisdiction and Judgment Procedure

The new law clarifies the procedural process for enforcement applications in order to enhance judicial speed and efficiency.

• The competent judicial authority For judgments of divorce, sikhaq, khul' or nullity, the application is filed before the President of the Court of First Instance (or his delegate) of the defendant's place of domicile, residence, or place of execution, or place of conclusion of marriage.
• The summons of the parties The President of the court summons the defendant, if necessary, in order to hear his defense.
• The decision time The President of the court is required to rule on the application for enforcement in matters of divorce in a one week delay from the date of its filing.
• Judicial speed on appeal In the event of an appeal against enforcement decisions in other matters (civil and commercial), theArticle 451 (paragraph 3) requires the Court of Appeal (or the First President) to rule in a maximum period of one month (thirty days) from the date of its referral.

Procedural Comparison: The Enforcement of Foreign Judgments

Contracts and Authentic Deeds Established Abroad

The new Code confirms, in its article 455that acts and contracts concluded abroad before competent public officials can be executed In Morocco after being granted the executory formula by the President of the competent court of first instance. The new law requires proof of the enforceability of the act in the country where it was established and assurance that it does not infringe upon Moroccan public order.

Specialized Legal Consultation for the Enforcement of your Foreign Judgments in Morocco

The enforcement of foreign judicial decisions, in particular those relating to personal statusIn real estate and commercial matters, this requires great precision and rigorous legal support. A thorough understanding of the new provisions introduced by Code of Civil Procedure No. 58.25 helps avoid the rejection of the claim, wasted time, and unnecessary legal costs.

The office of Maître Amal AnouideA lawyer at the Safi Bar, she assists members of the Moroccan community residing abroad, Moroccan citizens, and foreign nationals. She provides them with legal assistance. completes and ensures their representation before the courts Moroccans in order to accelerate the procedures for the enforcement of divorce, marriage and foreign contract judgments, with transparency and professionalism.

To book your Legal consultation For personalized service, you can contact the firm directly.

Direct telephone number for Maître Amal Anouide's office in Safi: 0648933990.