Moroccan divorcees to receive nafaqa from government fund

A long-awaited financial assistance program for Moroccan female divorcees begins in 2011.

By Siham Ali for Magharebia in Rabat – 18/11/10

Seven years after Morocco's Moudawana, or Family Code, authorized financial help for divorced women, the Family Solidarity Fund will finally take effect on January 1st, 2011.

The House of Representatives on Thursday (November 4th) unanimously passed a bill authorizing payment of alimony (nafaqa) to women and minor children if the ex-spouse defaults.

Justice Minister Mohamed Naciri told legislators that the fund aims to promote family solidarity and social cohesion. Some 500 million dirhams allocated for 2011 will be available for immediate disbursement.

Moroccan women without income often struggle because judicial decrees on alimony are slow to be enforced. Left on their own and with children in tow, these divorced women have to get by without any help.

Samira R. is 34 years old. Divorced at the age of 22, and left with a newborn daughter, she has been unable to get the courts to enforce the nafaqa ruling.

"My ex-husband has gone into hiding so that he doesn't have to pay anything. The courts haven't been able to track him down, even though he's a trader and can cater to the needs of his only daughter," she said.

For twelve years, Samira has been working as a maid so that her daughter Nora, a first-year secondary school student, can "continue with her studies and extricate herself from the vulnerable position they are living in". In January, Samira will be able to apply for money from the family court that issued the alimony ruling.

Under the new law, destitute divorced mothers and their children will be eligible for support after two months of non-payment, in cases where the alimony decree cannot be enforced, and "where the husband is absent".

Court-ordered alimony must be strictly enforced, because in some cases, the father has the wherewithal to pay but is not "sufficiently" compelled to perform this duty, MP and lawyer Fatima Moustaghfir told Magharebia. She said that the creation of the fund is a brave step, but should not encourage fathers to shirk their obligations.

"The marriage contract must include clear articles concerning the rights of both parties," she said, adding that taking action before marriage avoids needless problems and divorce.

Although there is a reconciliation procedure that spouses can resort to prior to divorce, it is difficult for judges to implement it properly, given the high number of divorce cases that are heard every day, the MP explained.

"The essential requirement for marriage is continuity. If it is dysfunctional from the beginning, the only result can be social problems. Both spouses must be compatible in every respect," she said.

Source: Magharebia.com.
Link: http://www.magharebia.com/cocoon/awi/xhtml1/en_GB/features/awi/features/2010/11/18/feature-01.