Reform of the Moudawana 2026: what changes for MRE in marriage, divorce, custody and inheritance
The new Moroccan Family Code is expected in Parliament during the spring 2026 session. Shared custody, child support, inheritance, polygamy: the 139 proposals explained for Moroccans Living Abroad.
Where does the Moudawana reform stand?
On 23 December 2024, King Mohammed VI approved the main directions of the Family Code reform, prepared by a body comprising the Ministry of Justice, the Supreme Judicial Council and the Supreme Council of Ulema. This body proposed 139 revised provisions following 130 consultation sessions with civil society, political parties and women's associations.
The bill was expected to be tabled in Parliament during the spring 2025 session. However, debates between reformists and conservative currents slowed the process. By November 2025, the text was still awaiting final arbitration.
The spring 2026 parliamentary session, which opened on 11 April, is seen as the last chance for adoption before the end of the 2021-2026 legislature. Justice Minister Abdellatif Ouahbi has confirmed his determination to see this reform through.
Key proposals affecting MRE
Marriage
- •The minimum marriage age would be set at 18 years for both spouses, with strict conditions for any exception
- •Moroccans residing abroad would be able to marry under procedures adapted to their country of residence
- •Mixed marriages (Moroccan-foreign) would benefit from a clearer framework protecting both spouses and their children
Child custody
This is one of the most anticipated aspects for MRE:
- •Custody would now be considered a right shared by both parents during the marriage, with the possibility of extension by agreement after divorce
- •The mother would retain custody even after remarriage, under certain conditions (child under 7 years old, or if separation would cause harm)
- •Shared custody (alternating residence) would enter Moroccan law for the first time
- •In cases of disagreement between parents, referral to the family judge would be systematic
Child support
- •Reference indicators would be established to set child support amounts more predictably
- •Support is owed to the child (not the ex-wife), a point often causing confusion for MRE navigating two legal systems
Inheritance and succession
- •The family home would be excluded from the estate: the surviving spouse could keep the family home until their death, under conditions
- •Guardianship rights would become shared between both parents
- •MRE dealing with joint inheritance situations between Morocco and their country of residence could benefit from a clearer framework
Polygamy
- •The conditions for authorising polygamy would be further strengthened, with increased judicial oversight
What timeline for adoption?
The government hopes for adoption before the legislative elections scheduled for late 2026. Some observers believe that royal intervention could accelerate the process if the parliamentary deadlock persists.
Why this reform matters for MRE
Moroccans Living Abroad are often confronted with the coexistence of two legal systems: that of their country of residence and Moroccan family law. This creates practical difficulties in matters of divorce, child custody and inheritance.
The reform aims to modernise family law while remaining anchored in the principles of Islamic law. For MRE, the advances on shared custody, protection of the surviving spouse and clarification of child support represent concrete changes that would facilitate managing their family situation between two countries.
We will closely follow the evolution of this reform and update this article at every important stage of the legislative process.
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