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Prenup in Morocco

Last activity 19 July 2024 by Tez Cupit

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Shannan

If an American citizen decides to marry a Moroccan and both ppl want a prenup does that couple need two prenup agreements like  one from USA and one from Morocco or if both are living in Morocco just one translated in both languages... Thanks guys

globewalker

I think the one created in the USA would only relate to what happens with things in the USA.
If you put something under the Moroccan partner's name only in Morocco, good luck getting a pieces of that back.

Your effort in doing this depends on what you actually have to protect.

If you have nothing in Morocco, then what does it matter?

Also if you do have something in Morocco shared and expect to take the money out Morocco even if you get 1/2 it will be difficulty.

Might be best not to move your money in to Morocco unless kept exclusively under your name, but again getting out of Morocco might be hard.  Morocco gladly lets you bring in the money, but makes it hard to get it back out.

If you happen to be sponsoring someone from Morocco to go back to the USA I don't think any legal agreement between the both of you will protect your from the obligation to support your spouse even if you separate once you bring them over after the visa is approved.

Shannan

Thank you so much for your reply 😀. We are both planning on living in Morocco...  he is Moroccan and I’m from The United States .. we agree neither of us want to live in the United States..
He does have less than me but he currently created a new startup business and just got all of his permits and contracts from the Moroccan government.
I have my own monies from savings and settlements ..  we both want protection God forbid something happen and we divorce . I have been married bf and I don’t ever want to have a four year drawn out divorce again ...  we both agree to live united as one in our marriage but keep our money separate ... I appreciate any information you can share and have a beautiful day 😄

Fatima El Farisi

In Morocco there is no such thing as common marriage assets. What is yours before and acquired during marriage will remain yours after divorce. Same case for your partner.

Shannan

Oh wow 😮Thank you

Shannan

thank you

JIMMY BOND

Forgive me but it seems your relationship lacks trust.  When you wed someone you do not think of personal wealth.  You have trust joy and joint ambition.  If there is concern about wealth do not marry I say.
I do see problems ahead

JIMMY BOND

Fatima

I cannot believe it's as simple as you articulate

Mor_Pol
Article 49 of the Moroccan family code - Moudawana - clearly says:

"Each of the two spouses has an estate separate from the other. However, the two
spouses may, under the framework of the management of assets to be acquired during
the marriage, agree on their investment and distribution.

This agreement is indicated in a written document separate from the marriage contract.
The Adouls (public notaries) inform the two parties of these provisions at the time of the
marriage.

In the absence of such an agreement, recourse is made to general standards of
evidence, while taking into consideration the work of each spouse, the efforts made as
well as the responsibilities assumed in the development of the family assets."

So get a prenup.
Saalik54

I was about to marry in Morocco but I stopped the process because I would have been signing documents that I didn't understand and I have family assets that my name is attached to back in the US.  I didn't want to continue until I understood the process and what would be at stake in the event of my death of Allah forbid,  a divorce.  So I wanted to consult my family ( in case they wanted to remove me from any family assets first and also I brought all of the documents back with me to have her parts translated into English so that I could understand about her in English as she understands about me and my whole family in Arabic.  Am I making sense?

SalehUS

@Saalik54


I think if you live in Morrocco, no need of pre-nub. I could be wrong. Iam in the same situation. Live in US and married in Morrocco. Hesitant to bring her to US. If Keep my stuff in US, is that safe?

ExpatServicesMarrakech

@Shannan


It’s possible to go to a notary office in Morocco to put everything in a marriage contract to protect each one's savings and belongings in case of a divorce. That’s also what rich Moroccan families do.

Additionally, you can also include these details in the contract with the Adoul, where you marry in Morocco (in case you decide to do that).


You can create a marriage contract in the United States and another one in Morocco; that would work.

SalehUS

@ExpatServicesMarrakech


I think no need to have one in Morrocco. I think there is no Marital and non-Marital Asset.

ExpatServicesMarrakech

@SalehUS


No, there is. Many wealthy families here in Morocco make additional notary contracts to protect their belongings. It can be very bad for the person with more wealth if they have to share it with someone who just married them for that.

SalehUS

@ExpatServicesMarrakech


Do you mean in that case the other side may give problems and ask for more ? but as long as under your name, then the court will not divide it. Am I correct?


What about if you live in Morrocco but your assets are in the US for example? Is that still risky to lose?

ExpatServicesMarrakech

@SalehUS Everything you have in Morocco can be divided in case of a divorce. But this also depends on how long you were married, who filed for divorce, why a divorce is happening, and also if there are kids. The rights of women are strongly protected to ensure they can live normally after a divorce. You cannot have a villa and a car and leave your wife without anything. The court can decide that you have to pay her financial support, and if you can’t do that, split the belongings.


But everything you own abroad can’t be touched and decided over by the Moroccan court. That’s why I would make two different marriage contracts, one in Morocco and one in the States, to secure everything you have.

SalehUS

@ExpatServicesMarrakech


I did not know about that. That sounds like the US. I will not have anything in Morrocco.


A lot of people retire and live in other countries but have everything in the US or Europe.

SalehUS

@ExpatServicesMarrakech


Do you know if it is ok to have all the details of your information, nationality, and work in the Adoul marriage paper? is that normal?


example, in my case shows what kind of job I have and what is my work in detail. is that Normal?

ExpatServicesMarrakech

@SalehUS Yes, since it's an official marriage contract at the Adoul's place, it's normal for it to include all your information and even the names of your parents and their occupations sometimes.

SalehUS

@ExpatServicesMarrakech


Thanks. Just was concerned if they did that purposely or not. Wanted to make sure.

ExpatServicesMarrakech

@SalehUS Yes, it's always good to check and ask about procedures.

AlanWB


    Forgive me but it seems your relationship lacks trust.  When you wed someone you do not think of personal wealth.  You have trust joy and joint ambition.  If there is concern about wealth do not marry I say. I do see problems ahead
   

    -@JIMMY BOND: Not true! Nothing to do with trust. Why should you expose yourself to risk again after you've been burnt?

Don't be a bloody dodo

mmahmo1

Hi all, I'm.glad I found this thread! Our 21 year old US citizen son in his last year in university in Texas wants to marry a girl in Morocco. He is saying that he needs to make an appt with the US consulate there to get the Nikkah done. Those issues set aside, we know the girl won't be able to come to the US anytime soon. They are from a very humble background, financially. What of the father pins my son the she is now his responsibility?


We're trying to explain to our son, to finish his degree, get a job, and then do whatever. We have donr very well for ourselves financially. I dont want to be judgmental about their humble background, but I also don't want to be naive.


If he proceeds with this union in Morocco, how can we protect him from the laws of a country we have no idea about? Why can't he just do a Nikkah over a video call. My wife and I can't leave the US right now because of pending immigration docs. We are scared to send him alone to a country none of us have ever been to.

Said Idouarab

@mmahmo1 this is not the place for advice of this kind.  contact the USA consulate or embassy in morocco for clarification otherwise contact the foreign office in your country which should help with this. after all it is their job to assist their citizens and look after them before it is too late. i hope that this helps.

Gengad

I am also getting married in Morocco soon, but I don't want to be naive about signing papers without understanding their implications. My fiancée is from Morocco and comes from a humble background. I am from the UK and relatively well-established. God forbid, I don't want to risk losing my assets or ending up in a 50/50 split. I will fully take care of her since she is my wife, as Islam commands, which I believe is correct. However, Morocco is increasingly adopting Western laws, which may not be beneficial for a Muslim household.


Does the law of Morocco force me to split m assist with my fiancée? Or do we follow the Islamic law?

Gengad

@AlanWB You said exactly what was in my mind. He thinks honeymoon is forever.

Gengad

@Shannan You seem to be sensible, and I hope you both have a good relationship together.  I am going to get married to a Moroccan sister, wish me luck, she seems to be humble and grounded person, however I will certainly do prenup, i have no grantees about the future.

Tez Cupit

@Gengad I am sure it's islamic law but keep checking and your a lucky man,best

Tez Cupit

@mmahmo1 Then start educating yourself,best..

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