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منتدى المغرب و المغاربة حول العالم

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yaafin a écrit:

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*Rania13* a écrit:

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yaafin a écrit:
Wa Aliekum Salam my dear Moroccon Brothers and Sisters!

Thanks for all your replies and support!

I want to ask about how to divorce in Morocco.

I am a British National, and married a Moroccon National a few month ago in February.

I found out the truth about the relationship (that she just wanted a UK Visa), and I want to know how to divorce her. I am now in London.

What do I do?

Thank you my friends

Salemo3alikom

If you married on Morocco ,you can divorce un Morocco and then translate your divorce and send it to the district court.

Wa Aliekum Salam

How long will it take?

Salemo3alikom

In Morocco 3 or 4 months and then in England 2 months

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*Rania13* a écrit:

Citation
yaafin a écrit:

Citation
*Rania13* a écrit:

Citation
yaafin a écrit:
Wa Aliekum Salam my dear Moroccon Brothers and Sisters!

Thanks for all your replies and support!

I want to ask about how to divorce in Morocco.

I am a British National, and married a Moroccon National a few month ago in February.

I found out the truth about the relationship (that she just wanted a UK Visa), and I want to know how to divorce her. I am now in London.

What do I do?

Thank you my friends

Salemo3alikom

If you married on Morocco ,you can divorce un Morocco and then translate your divorce and send it to the district court.

Wa Aliekum Salam

How long will it take?

Salemo3alikom

In Morocco 3 or 4 months and then in England 2 months

Wa Aliekum Salam

Oh good! So I just have to wait a few month, then it will all be over and done with!.

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lolotte* a écrit:

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Doris.La.Bleue a écrit:
Salam alaykoum,

I am sorry for the situation you got involved in.
I just want to tell only one thing: the mahr is yours! As you didn't have sex with her, she doesn't have the right to keep it for herself. It's your right to get it back. Try to get it back. If she doesn't want to give it back to you, it will be considered as a theft.
If she refuses, it will be between her and Allah.


May Allah help you.

Assalam aleikoum,

You should be extra careful with what you claim... the situation is unclear and the question of the Dowry has a number of rules depending on the exact situation.

Even though there was no "consummation" the husband does not necessarily have the right to get back the entirety of the Mahr given...
generally he is allowed to get only half of it back (depending on the facts), there are also many rules concerning the gifts etc.

Wa Allah a3lam...

Please note that in our society it is no longer about what's fair/unfair it is more about cutting the losses or avoiding more trouble.

You may assume that if this women was really solely aiming at using Yaafin in order to leave her country, she might cause a lot of trouble, drag him for years...

At some point you need to be realistic and look at how things really work or are, especially when you take into consideration how the judicial system works (bribery...).

Alaykoum salam,

Yes, you are right, I should be careful with what I say.

This is what Allah says (sourate 2, verse 237): "if you divorce them before you have touched them and you have already specified for them an obligation, pay your wives the half of the amount of their dowry unless she or the one whose hand is the marriage contract drop her demand for payment. To drop such a demand is closer to piety. Be generous to each other. Allah is Well-Aware of what you do."

Citation
Doris.La.Bleue a écrit:

Citation
lolotte* a écrit:

Citation
Doris.La.Bleue a écrit:
Salam alaykoum,

I am sorry for the situation you got involved in.
I just want to tell only one thing: the mahr is yours! As you didn't have sex with her, she doesn't have the right to keep it for herself. It's your right to get it back. Try to get it back. If she doesn't want to give it back to you, it will be considered as a theft.
If she refuses, it will be between her and Allah.


May Allah help you.

Assalam aleikoum,

You should be extra careful with what you claim... the situation is unclear and the question of the Dowry has a number of rules depending on the exact situation.

Even though there was no "consummation" the husband does not necessarily have the right to get back the entirety of the Mahr given...
generally he is allowed to get only half of it back (depending on the facts), there are also many rules concerning the gifts etc.

Wa Allah a3lam...

Please note that in our society it is no longer about what's fair/unfair it is more about cutting the losses or avoiding more trouble.

You may assume that if this women was really solely aiming at using Yaafin in order to leave her country, she might cause a lot of trouble, drag him for years...

At some point you need to be realistic and look at how things really work or are, especially when you take into consideration how the judicial system works (bribery...).

Alaykoum salam,

Yes, you are right, I should be careful with what I say.

This is what Allah says (sourate 2, verse 237): "if you divorce them before you have touched them and you have already specified for them an obligation, pay your wives the half of the amount of their dowry unless she or the one whose hand is the marriage contract drop her demand for payment. To drop such a demand is closer to piety. Be generous to each other. Allah is Well-Aware of what you do."

No, you were correct when you said the mahr is mine, and my right to claim it back. If she doesn't give it, back, I'm going to Morocco to give her a slap!

On a serious note, it is my right to claim it back. Due to her conduct, and as she is in the wrong, she needs to initiate the khul divorce. As such, according to verse (2:229), she will have to return it.

The problem of course, is she may not initiate it, and if she does initiate it, it would be on the grounds that I broke the marriage contract (i.e abandoned her in Morocco, the refusal to bring her to London to live with me). In such a case, she doesn't have to return anything. Again I can argue I have a genuine reason why I did that, but I don't have sufficient evidence that is credible enough for a court to consider.

It's a simple case, yet it depends on what she does. I assume she is better acquainted with the Moroccan Family Code than me, and will do what serves her interests. I've read the laws myself, but it's quite difficult to get the mahr back, because I can't prove my claims. This is because my evidence is digital based. As such, with electronic evidence, it's difficult to prove authenticity as the data can be altered or entirely created by anyone. Also because I obtained it without her permission or without a warrant, it is often ruled inadmissible by courts.

I don't hate her or want to destroy her. If I can't get the mahr back, then I will accept the courts judgement without too much fuss.

Salam,

In Islamic law, you are not required to leave half the dowry if two conditions are met. In the case where the separation took place before the consummation of the marriage and the wife is the cause of separation.

Citation
Louja'ine a écrit:
Salam,

In Islamic law, you are not required to leave half the dowry if two conditions are met. In the case where the separation took place before the consummation of the marriage and the wife is the cause of separation.

Wa Aliekum Salam Sister,

Yes exactly. But she will argue that she is not the cause of the separation, that she doesn't want a divorce, and that I am the person abandoning her and wanting the divorce. She knows I can't gather together any evidence that the court would accept. (i.e witnesses and so on). Digital evidence obtained without her consent, isn't evidence the court would accept.

So most likely, she will initiate a divorce, on the grounds that her husband has abandoned her in the country and refused to take her with him. Unfortunately it's very difficult to convince the court she is guilty of misconduct. Electronic evidence just doesn't do it, especially when she will simply lie and say it's nothing to do with her.



Modifié 2 fois. Dernière modification le 26/04/14 16:04 par yaafin.

Your case is complex. I don't know all the items related to your union and the cause of divorce, but all I can tell you is that you have to be careful.
It seems that you have no evidence of faults and failures of your spouse.
You should know at first glance that any moroccan court will consider for a compensation for your wife.
You should start divorce process in England followed by enforcement (exequatur) of the judgment in Morocco.

Citation
Louja'ine a écrit:
Your case is complex. I don't know all the items related to your union and the cause of divorce, but all I can tell you is that you have to be careful.
It seems that you have no evidence of faults and failures of your spouse.
You should know at first glance that any moroccan court will consider for a compensation for your wife.
You should start divorce process in England followed by enforcement (exequatur) of the judgment in Morocco.

No, it's a simple case, not complex at all.

I found evidence that shows her behaviour was improper. And thus seeking a separation and the return of my things, as it's her fault for the problem that has happened between us, that has caused me to land in this mess.

The marriage isn't registered in England.

I think it's the person's responsibility to take the Moroccan marriage certificates and register the marriage here. That's what I think, but not sure. I want to legally separate from her in Morocco, so I don't have any spousal responsibility towards her, as she would no longer be my wife.

I don't think there is anything I can do from here to divorce her. The only options are:

1 - Travel to Morocco,and go to the court that dealt with the marriage papers and initiate a divorce.
2 - Have someone represent me in court, in Morocco (power of attorney).

Unfortunately due to her removing her number, I am unable to contact her and ask about the current situation. I don't know if she initiated it already or not. Although I sent her an email telling her I will initiate it, if she doesn't. No response, so not sure of what her plans are.

Regarding compensation, I'm not paying a penny. The Moroccan courts can try all they want to get me to pay, by Allah, they won't receive a single cent!



Modifié 1 fois. Dernière modification le 26/04/14 16:41 par yaafin.

Ok!

Where did you get married in Morocco?

First of all, you should go to the Consulate General of the Kingdom of Morocco in London. You'll find all the information necessary to initiate the procedure.

Citation
Louja'ine a écrit:
Ok!

Where did you get married in Morocco?

First of all, you should go to the Consulate General of the Kingdom of Morocco in London. You'll find all the information necessary to initiate the procedure.

In Al Jadida. I signed papers at the court & Adoul's Office.

They don't deal with divorce. And most of their services caters for Moroccan nationals, unless someone requires a visa etc.

I will contact them on Monday. But I doubt that they would be of any help.

Hang on!

Maybe someone, one of you people, know the family?

They are based in Al Jadida & Asafi. Anyone here from either area?

Citation
Louja'ine a écrit:
Ok!

Where did you get married in Morocco?

First of all, you should go to the Consulate General of the Kingdom of Morocco in London. You'll find all the information necessary to initiate the procedure.

They answered my email. And said;

"You can divorce only in the family court in Morocco. "

Citation
yaafin a écrit:

Citation
Louja'ine a écrit:
Ok!

Where did you get married in Morocco?

First of all, you should go to the Consulate General of the Kingdom of Morocco in London. You'll find all the information necessary to initiate the procedure.

They answered my email. And said;

"You can divorce only in the family court in Morocco. "

Well, now you know where to start your divorce process.

So, your divorce will be governed by moroccan law. Various documents relating to your professional and economic status will be required. I'm warning you, It won't be easy. It already isn't for a native...I hope you find a good ... or rather honest lawyer. Good luck.

Citation
Louja'ine a écrit:

Citation
yaafin a écrit:

Citation
Louja'ine a écrit:
Ok!

Where did you get married in Morocco?

First of all, you should go to the Consulate General of the Kingdom of Morocco in London. You'll find all the information necessary to initiate the procedure.

They answered my email. And said;

"You can divorce only in the family court in Morocco. "

Well, now you know where to start your divorce process.

So, your divorce will be governed by moroccan law. Various documents relating to your professional and economic status will be required. I'm warning you, It won't be easy. It already isn't for a native...I hope you find a good ... or rather honest lawyer. Good luck.

Salam

I already knew that I was highly unlikely to be able to do anything from the UK, as I contacted the British Embassy in Rabat, and they told me that marriages in Morocco are no longer automatically registered in the UK, and that to register it here, is a process in itself.

Thus, since the marriage is not registered here, it was quite unlikely to be able to do anything from the UK. But I had to contact the Moroccan Consulate in London to be sure, which has now provided the answer.

I already submitted all my personal documents, relating to my professional and economic status, during the marriage process. All the details there is possible about me. So I don't think they will require it again.

I spoke earlier to a Moroccan (living in Morocco), and they are getting a divorce, and they told me, the only difficulty is having to visit the court several times, until the divorce is finalised, but getting a divorce is easy. You just have to travel back and forth and be patient until they finally give you the divorce paper.

Getting a divorce in a foreign country as Morocco is more complicated than it seems. And the moroccan who told you the opposite is wrong.

Here is a solution for not going to morocco:

You may send a power of attorney to a lawyer in Morocco to represent you before the Judge. You must find an attorney/lawyer you know/ trust.
Then, you go to the Consulate of London to notorize the "Wakala".



Modifié 1 fois. Dernière modification le 27/04/14 15:54 par Louja'ine.

Citation
Louja'ine a écrit:
Getting a divorce in a foreign country as Morocco is more complicated than it seems. And the moroccan who told you the opposite is wrong.

Here is a solution for not going to morocco:

You may send a power of attorney to a lawyer in Morocco to represent you before the Judge. You must find an attorney/lawyer you know/ trust.
Then, you go to the Consulate of London to notorize the "Wakala".

Maybe I should find a way to contact her, and ask her to do the divorce. I'm sure it's a lot easier for Moroccans to get divorce from a foreigner (on the grounds that the foreigner has abandoned them), than for a foreigner to get a divorce from a Moroccan National.

I don't think he is wrong to tell me it's easy. Maybe it's not easy between Moroccans themselves. But he is getting divorced from an American woman who decided not to continue with the relationship (similar case to mine). In those cases, it shouldn't be difficult.

Thank you all. I got it done. Probably the worst decision of my life to get married in Morocco. I should of known better. Too many of them want to marry a European or American only for a visa. I didn't know that at the time. But thank God I didn't bring her here and ended the marriage in time. I will advise foreigners to be very careful of marrying in Morocco.

I honestly believe I was under the influence of sihr (magic). A lot of people told me that as well.

vous êtes trop sexy les yabis avec votre anglais !!!

alalala sur yabi on est des têtes !!!

puré pourquoi personne parle italien ici jsuis nulle en anglais