The Exequatur of Foreign Judgments in Morocco – Remote Recognition and Enforcement with Maître A. Anouide

The exequatur procedure applies to a wide range of decisions:

• Civil and commercial judgments (debt collection, contractual disputes).
• Judgments concerning personal status (divorce, child custody, alimony/child support).
• Arbitral awards rendered abroad.
• Foreign authentic instruments, such as certain marriage contracts.

The procedure is mainly governed by:

• The Moroccan Code of Civil Procedure, notably its Articles 430 to 432, which set out the general rules.
• The Family Code (Moudawana)specifically Article 128 for judgments of divorce and marriage dissolution.
• Bilateral or multilateral international conventions signed by Morocco (with France, Spain, Belgium, etc.), which can simplify the procedure.

The Moroccan judge verifies several points without retrying the merits of the case. The main conditions are:

• The jurisdiction of the foreign court that rendered the decision.
• Respect for the rights of the defense : The condemned party must have been properly summoned and been able to defend themselves.
• The definitive nature of the judgment : It must be enforceable in its country of origin and no longer subject to appeal.
• Conformity with Moroccan public policy : The decision must not violate any fundamental principle of Moroccan law.

The procedure unfolds in several steps:

1. Gather the necessary documents (original judgment, proof of service/notification, certificate of no appeal).
2. Have all the documents translated into Arabic by a sworn translator in Morocco.
3. File a request through a lawyer before the competent Court of First Instance in Morocco.
4. The court examines the conformity of the foreign judgment with the legal requirements.
5. The judge issues an exequatur order which grants the foreign judgment enforceable status.

The file must necessarily contain:

• A full and authentic copy of the foreign judgment.
• The original document proving that the judgment was served/notified to the opposing party.
• A certificate attesting that the judgment is definitive and enforceable (certificate of no appeal).
• The certified translation of all these documents into Arabic.

The timelines vary considerably. A simple procedure may take less than a month, but if the case is complex or in case of appeal, it can last over a year. For divorce judgments, the approximate duration is often about 45 days if the file is complete and without complications.

Yes, the use of a lawyer registered with a Moroccan bar association is mandatory to file the exequatur request before the court.

No, the exequatur judge does not review the merits of the judgment. Their role is limited to a check for regularity. However, they may grant a partial exequaturFor example, they may recognize the dissolution of the marriage (the divorce) but refuse to enforce a part of the judgment that would be contrary to Moroccan public policy, such as a provision on alimony/maintenance that does not comply with Moroccan law.

Once the exequatur judgment is obtained, the foreign decision has the same force as a Moroccan judgment. It can be officially executed in Morocco. For example, a divorce judgment can be transcribed into the Moroccan civil status registers (marriage certificate and birth certificates), thus formalizing the change in matrimonial status of the former spouses.