Marriage of a Spanish and a Moroccan in Morocco

If you want to get married in Morocco with a Spanish citizen and don’t know where to start, I invite you to read this article where we will address all your doubts about the marriage between a Spanish citizen and a Moroccan in Morocco.

What is Required to Get Married in Morocco?

The documentation required to get married in Morocco depends on the nationality of the spouses. Since the documentation varies depending on the nationality of the parties involved. Among the different documents required, the following are usually highlighted:

• Extract or literal copy of the birth certificate for both spouses.
• Literal copy of the marriage certificate + translation into Arabic, legalized by local authorities.
• Copies of the National Identity Card (CNIE) and passports of both spouses.
• Certificate of conversion to Islam for the non-Muslim spouse.

What Does a Spaniard Need to Get Married in Morocco?

To get married in Morocco, the Spanish spouse needs to initiate a prior procedure to obtain a certificate of marriage eligibility in Morocco. This document must be requested by the Spanish spouse at the civil registry office corresponding to their place of residence to obtain the certificate of marriage eligibility in Morocco.

What is Marriage Eligibility in Morocco?

Marriage eligibility is a fundamental and mandatory aspect for contracting marriage in Morocco, especially for Spanish citizens wishing to marry Moroccan citizens. This requirement ensures that both parties are legally qualified to enter into marriage and that they meet all necessary legal formalities.

Requirements for Obtaining the Certificate of Marriage Eligibility in Morocco

To obtain the Certificate of Marriage Eligibility, certain steps must be followed and the required documentation must be submitted. Here are the main requirements to consider:

1. Confidential Interviews: According to Article 246 R.C.C., the Investigating Judge will conduct confidential interviews with both spouses, separately. In the case of the Moroccan spouse, this interview will take place at the Consulate General of Spain by the Civil Registry Officer of the Moroccan consulate corresponding to their place of residence in Morocco.
2. Required Documentation for the Marriage Eligibility File:
   • Spanish spouse: A Certificate of Life and Marital Status must be provided. If previously married and divorced, the certificate of the previous marriage with the divorce annotation or the divorce decree must be presented. If widowed, the marriage certificate with the marginal entry of death must be presented.
   • Moroccan spouse: A Certificate of Singleness must be provided, or if previously married and divorced, the divorce certificate and the certificate of not having remarried («Certificat de non remariage») must be presented. If widowed, the Certificate of Widowhood and the certificate of not having remarried must be presented.
3. Legalization and Translation: All documents presented must be legalized and translated to be accepted by Moroccan authorities.

It is important to highlight that the Certificate of Marriage Eligibility is an essential requirement for the mixed marriage in Morocco to be subsequently recognized in the Spanish Civil Registry. Without this document, the marriage will not be legally valid in Spain.

What is Marriage Eligibility in Morocco?

Marriage eligibility is a fundamental and mandatory aspect for contracting marriage in Morocco, especially for Spanish citizens wishing to marry Moroccan citizens. This requirement ensures that both parties are legally qualified to enter into marriage and that they meet all necessary legal formalities.

Requirements for Obtaining the Certificate of Marriage Eligibility in Morocco

To obtain the Certificate of Marriage Eligibility, certain steps must be followed and the required documentation must be submitted. Here are the main requirements to consider:

1. Confidential Interviews: According to Article 246 R.C.C., the Investigating Judge will conduct confidential interviews with both spouses, separately. In the case of the Moroccan spouse, this interview will take place at the Consulate General of Spain by the Civil Registry Officer of the Moroccan consulate corresponding to their place of residence in Morocco.
2. Required Documentation for the Marriage Eligibility File:
   • Spanish spouse: A Certificate of Life and Marital Status must be provided. If previously married and divorced, the certificate of the previous marriage with the divorce annotation or the divorce decree must be presented. If widowed, the marriage certificate with the marginal entry of death must be presented.
   • Moroccan spouse: A Certificate of Singleness must be provided, or if previously married and divorced, the divorce certificate and the certificate of not having remarried («Certificat de non remariage») must be presented. If widowed, the Certificate of Widowhood and the certificate of not having remarried must be presented.
3. Legalization and Translation: All documents presented must be legalized and translated to be accepted by Moroccan authorities.

It is important to highlight that the Certificate of Marriage Eligibility is an essential requirement for the mixed marriage in Morocco to be subsequently recognized in the Spanish Civil Registry. Without this document, the marriage will not be legally valid in Spain.

What Does a Spanish Woman Need to Marry a Moroccan Man?

If a Spanish woman wants to marry a Moroccan man in Morocco, the authorities of that country will request a series of documents to process the marriage application and the Moroccan wedding. The most common documents required include:

• Literal birth certificate
• Certificate of life and marital status
• Certificate of criminal record

Among these, the most important document is the Certificate of Marriage Eligibility. This document is mandatory; no Spanish citizen can marry in Morocco without marriage eligibility. Even though it may not be required by Moroccan authorities, it is absolutely necessary to obtain if the intention is to subsequently register the marriage in the Spanish Civil Registry.

For these documents to be accepted by Moroccan authorities, they must be legalized and translated.

How to Contract a Mixed Marriage in Morocco?

Since civil marriage does not exist in Morocco, the only option for contracting a mixed marriage in Morocco is to first have a religious marriage (Nikah) performed by the adouls (religious officials), and then have it transcribed in the corresponding Spanish Civil Registry.

How to Contract Marriage in Morocco Before the Family Court?

To contract marriage in the family court, you must inquire about the requirements requested by the court where your marriage will be held. Among the documents requested by the court are:

• The Certificate of Marriage Eligibility duly apostilled (Hague Apostille). The apostille is issued in the country where the certificate was issued.
• The Certificate of Nationality, which must be issued by the Civil Registry corresponding to the place of residence of the Spanish spouse (as per the instruction of 14/04/1999 of the D.R.G.N. – BOE nº103 of April 30).

Obtaining the Certificate of Marriage Eligibility

To obtain the Certificate of Marriage Eligibility, Article 246 R.C.C. stipulates that the Investigating Judge must conduct separate confidential interviews with both parties. The interview with the Moroccan spouse will be conducted at the Consulate General of Spain by the Consular Civil Registry Officer of the Moroccan consulate corresponding to their place of residence in Morocco.

Requirements for the Certificate of Marriage Eligibility

The main requirements to initiate the marriage eligibility process are as follows:

• Original certificates of the marital status of both parties.
  • Spanish spouse: Certificate of life and marital status. In case of divorce: certificate of the previous marriage with the mention of divorce or divorce decree.
  • Moroccan spouse: Certificate of singleness or, if divorced, divorce decree and certificate of not having remarried («Certificat de non remariage»). If widowed: Certificate of widowhood and certificate of not having remarried («Certificat de non remariage»).
• Certificate of registration or residence of both spouses.

Marriage Laws in Morocco

The minimum age to marry is 18 years old. Divorce by mutual consent is allowed. Polygamy and repudiation can be restricted judicially. Additionally, the figure of the marital guardian for the woman’s consent can be eliminated.

Documents Required from the Foreign Spouse to Contract Marriage

• Marriage authorization request addressed to the family judge in charge of marriages.
• Copy of the certificate of conversion to Islam if the spouse is not Muslim.
• Certificate of marriage eligibility issued by the Embassy or Consulate of their country in Rabat and legalized by the Ministry of Foreign Affairs in Rabat or Tangier.
• Birth certificate.
• Criminal record certificate issued by the authorities of their country or the country of residence.
• Criminal record certificate issued by the Ministry of Justice in Rabat.
• Certificate of nationality.
• Certificate of singleness or copy of the divorce decree if divorced.
• Certificate of profession and income.
• Photocopy of the National Identity Document.
• Photocopy of the passport.
• Photocopy of the page indicating the entry date to Morocco.
• Four photographs of the foreign spouse.
• Medical certificate for matrimonial purposes.

Documents Required from the Moroccan Spouse to Contract Marriage

1. Administrative certificate of engagement.
2. Birth certificate issued in the place of birth (literal copy for marriage).
3. Medical certificate for matrimonial purposes.
4. Copy of the divorce decree if divorced.

Moroccan Wedding Requirements

One of the requirements for Moroccan weddings is the submission of the following documentation:

1. Literal birth certificate
2. Certificate of life and marital status
3. Criminal record certificate

All these documents must be legalized and translated to be accepted by the Moroccan authorities.

Requirements to Obtain the Family Book at the Consular Civil Registry

To obtain the application for the registration of a Quranic marriage and the family book at the consular civil registry of the Moroccan consulate corresponding to the applicant, it must be done by the Spanish spouse. If unable to do so, the Spanish spouse can authorize the Moroccan spouse through a Notarial Act.

1. Fill out the data declaration form (downloadable form on the MAEC website) clearly and without errors. Only properly completed applications will be accepted.

IMPORTANT: In case of contradictions between the declaration and the documents presented, the application will be returned.

2. Original Apostilled and translated Quranic Marriage Certificate. The marriage certificate must include the name and both surnames of the Spanish spouse.
3. Final decision of the Marriage Capacity process (original or certified photocopy). It must be requested from the corresponding Civil Registry.
4. Photocopy of the Marriage Capacity Certificate.
5. Original literal birth certificate of both spouses.
6. Original Civil Status Certificates of both spouses.
   • For the Spanish spouse: Certificate of life and marital status. In case of divorce: certificate of the previous marriage with the marginal note of divorce or divorce decree. If widowed: marriage certificate with marginal note of death.
   • For the Moroccan spouse: Certificate of singleness or, in case of divorce, divorce certificate and certificate of not having remarried («Certificat de non remariage»). If widowed: Certificate of widowhood and certificate of not having remarried («Certificat de non remariage»).
7. Certificate of residency or registration of both spouses.
8. Photocopies of the IDs of both spouses.
9. Original Literal Birth Certificate of Both Spouses
10. Original Civil Status Certificates of Both Spouses:
11. For the Spanish spouse: Certificate of life and marital status. In case of divorce: certificate of the previous marriage with the marginal note of divorce or divorce decree. If widowed: marriage certificate with marginal note of death.
12. For the Moroccan spouse: Certificate of singleness or, in case of divorce, divorce certificate and certificate of not having remarried («Certificat de non remariage»). If widowed: Certificate of widowhood and certificate of not having remarried («Certificat de non remariage»).
13. Certificate of Residency or Registration of Both Spouses:
14. Photocopies of the national identity cards of both spouse.

Questions and answers related to the marriage between a Moroccan and a Spaniard:

Can a Moroccan marry a Spaniard?

Yes, a Moroccan citizen can marry a Spanish citizen in Morocco. Marriage between a Moroccan and a Spaniard is possible and legal as long as the requirements and procedures established by Moroccan and Spanish authorities are met, as detailed throughout this article.

Can one get married in Morocco without marital capacity?

No, in Morocco, it’s not possible to marry without marital capacity. The Certificate of Marital Capacity is a mandatory requirement for marriage in the country. Whether for Moroccan citizens or foreigners wishing to marry in Morocco, this document is indispensable and must be presented to the competent authorities as part of the marriage process.

Marital capacity ensures that both parties meet the legal requirements for marriage and do not have any legal impediments that could affect the validity of the marriage.

What are the requirements to get married in Morocco?

The requirements for marriage in Morocco may vary depending on the nationality of the spouses and the specific regulations of the location where the ceremony will take place. In this article, we have presented them in an indicative manner for a Moroccan and a Spanish individual.

Can a proxy marriage be conducted between a Spanish and a Moroccan?

Yes, a proxy marriage between a Spanish and a Moroccan is possible, as long as the legal requirements established by both nations are met. Proxy marriage, also known as marriage by representation or marriage at a distance, is a modality that allows one party to marry on behalf of the other, who does not need to be physically present at the ceremony. If you have further questions about proxy marriage, we recommend reading our article on proxy marriage in Spain.

What do they mean by a mixed marriage in Morocco?

The term mixed marriage in Morocco refers to a type of marriage in which one of the parties involved is of Moroccan nationality and the other is of foreign nationality. In other words, it is a marriage in which the spouses come from different countries, one of them being Moroccan and the other a citizen of another nation.

What types of marriage laws exist in Morocco?

In Morocco, there are different types of laws related to marriage, which vary depending on religion, nationality, and the specific circumstances of the spouses. In this case, depending on the type of marriage to be formalized, it is advisable to consult directly with the authorities in the country of origin.