What is the difference between talaq, khul' and annulment?
Talaq is dissolution of the marriage by the husband's will; khul' is separation at the wife's request with the husband's consent in return for compensation; annulment (faskh) is separation by court judgment.
Khul' and annulment are a minor irrevocable separation and do not count towards the three divorces (Articles 77, 95, 97 and 103 of the Personal Status Law).[1]
When can a wife ask the court to annul the marriage?
The Law sets grounds, including the husband's refusal to maintain her or the impossibility of obtaining maintenance from him, harm that makes continued married life impossible, and his absence or disappearance for specified periods.
If harm is not proven but discord continues and reconciliation fails, two arbitrators are appointed to reconcile for not more than sixty days (Articles 107, 108, 109, 114 and 115).[1]
Who has custody after separation?
Custody goes to the mother, then the father, then the maternal grandmother, then the paternal grandmother, then as the court decides in the child's interest; the court may depart from this order in the child's interest (Article 127).
A child who has turned fifteen may choose which parent to live with unless their interest requires otherwise, and custody ends at eighteen (Article 135).[1]
Does a mother lose custody if she remarries?
One condition for a female custodian is that she is not married to a man unrelated to the child, unless the child's interest requires otherwise; where the child is not yet two, custody stays with the mother even if she marries such a man.[1][6]
Can a custodian travel abroad with the child?
A custodian who is one of the parents may not take the child outside the Kingdom for more than ninety days a year without the other parent's consent (Article 129).[1]
How is maintenance assessed, and from when is it due?
Maintenance covers food, clothing, housing and basic needs according to custom; ongoing maintenance for a wife, children and parents is due from the date the claim is filed (Articles 45 and 49).
A claim for a wife's maintenance is not heard for a past period of more than two years before the claim was filed (Article 52), and the court may order temporary maintenance while the case is pending (Article 50).[1]
How long does child maintenance last?
A father must maintain a child who has no means; it continues for a son until he reaches the point at which his peers can earn a living, and for a daughter until she marries (Article 58).
Under the Regulation a son is not treated as able to earn until he has turned eighteen, and not in a way that conflicts with completing his education.[1][6]
What if a maintenance judgment is not carried out?
The Alimony Fund pays maintenance to a person who holds a judgment for it that has not been carried out for a reason other than insolvency, then steps into the beneficiary's place to claim from the judgment debtor.
Judgments ordering maintenance are subject to expedited enforcement.[7][5]
How are the heirs determined and the estate divided?
The heirs' document is issued online through the Ministry of Justice's Estates platform; personal status courts divide an estate where there is a dispute or a share belonging to an endowment, a will, a minor or an absent person.[8][5]
Are there court fees in family cases?
Judicial costs do not apply to claims and applications before personal status courts, except applications for cassation and for reconsideration (Article 2 of the Judicial Costs Law).[9]
How much are the lawyer's fees?
A lawyer's fees and how they are paid are set by agreement between lawyer and client (Article 26 of the Code of Law Practice); they vary with the type of case and the work involved.
Contact us with your situation for an estimate that fits it.[10]