MRE: Morocco changes the rules for judgments obtained abroad
As of August 24, court decisions obtained abroad will have to meet new conditions to be enforced in Morocco. The reform directly concerns Moroccans residing in Europe.
A judgment issued in France, Belgium, the Netherlands or Spain does not automatically become enforceable in Morocco. Its exequatur must be obtained, meaning that its enforceability must be recognized by a Moroccan court.
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This principle already exists. But the new Code of Civil Procedure, published in the Official Gazette and entering into force on August 24, 2026, specifies the conditions under which Moroccan courts may accept or refuse to enforce a decision issued abroad.
The reform may concern many situations encountered by MRE: a debt to be recovered in Morocco, alimony, a family or property dispute, a decision concerning assets, or certain effects of a divorce judgment.
The Moroccan judge will notably have to verify that the foreign court did not rule on a matter falling exclusively within the jurisdiction of Moroccan courts and that its involvement did not result from fraud in the choice of jurisdiction.
The parties must have been duly summoned and represented. The decision must also be final in its country of origin and must not contradict a decision already issued in Morocco.
Nor may it contain provisions contrary to Moroccan public policy or to the international conventions applicable to the Kingdom.
Reciprocity becomes a criterion
One of the most significant changes appears in Article 456 of the new Code. When examining an application for exequatur, Moroccan courts will now have to take reciprocity rules into account.
This means that the way in which the country that issued the judgment itself recognizes decisions from Moroccan courts may be taken into consideration by the Moroccan justice system.
This condition was not set out in this manner in the former Code of Civil Procedure. Its application will therefore be closely watched for decisions issued in the main countries where MRE reside.
The new text also provides that when a decision granting or refusing exequatur is appealed, the court of appeal must rule within one month.
A specific regime remains in place for foreign decisions ordering the dissolution of a marriage. Once exequatur has been granted in Morocco, the decision may in principle no longer be appealed, except for intervention by the public prosecutor when a violation of public policy is alleged.
Documents drawn up abroad before public officers or officials are also concerned. They may be enforced in Morocco under certain conditions, particularly if they already have enforceable force in their country of origin and are not contrary to Moroccan public policy.
The reform is contained in Law No. 58.25 on civil procedure, published in the Official Gazette of Morocco. Its entry into force, six months after its publication, is set for August 24, 2026.
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For MRE, this is therefore not the creation of an entirely new procedure, but a new framework for having a decision obtained abroad recognized and enforced in Morocco. The scope of the reciprocity criterion will now depend on how Moroccan courts apply it.
