Divorce judgments Morocco–Italy: recognition and exequatur

Guidance only, updated November 2026. Always check the requirements with the receiving authority.

A divorce granted in Morocco does not appear in the Italian registers on its own, and an Italian judgment has no effect in Morocco without further steps. In both directions you need a few formalities and a sworn translation. This information is up to date as of November 2026.

Part 1 – A Moroccan divorce judgment used in Italy

Automatic recognition, but transcription is still needed

Under Article 64 of Italian Law 218/1995, a foreign judgment is recognised in Italy without any special court procedure if:

• the court had jurisdiction under Italian criteria and the rights of the defence were respected;
• the judgment is final;
• it does not conflict with a final Italian judgment or with Italian proceedings on the same matter started earlier;
• its effects are not contrary to public policy.

Articles 65 and 66 apply a similar approach to decisions on family relationships and to non-contentious measures. Automatic does not mean invisible, though: for the divorce to show in Italy, the judgment must be transcribed in the civil status registers (Article 63 of Presidential Decree 396/2000). The civil status officer of the comune (municipality) checks the requirements.

Where to apply

The competent office is the comune where the marriage certificate is registered or transcribed. You can file directly with the comune or, if you live in Morocco, with the Italian Embassy in Rabat or the Consulate General in Casablanca, by appointment through Prenot@mi. The consulate checks the file and forwards it to the comune. The marriage must already be registered in Italy (otherwise you request its transcription at the same time), and so must any earlier marriages and divorces.

When a court gets involved

If the comune refuses, the refusal can be challenged before the tribunal (Article 95 of Decree 396/2000). If recognition is disputed or enforcement is needed, for example for maintenance, any interested party can apply to the Corte d’appello (Court of Appeal) of the place of enforcement (Article 67 of Law 218/1995 and Article 30 of Legislative Decree 150/2011). This can happen, for instance, when the rights of the defence or public policy are in question.

Step by step

1. Obtain in Morocco a full copy of the judgment (a mere certificate recording the divorce is not enough) and a certificate that it is final; for a revocable divorce, also the deed of irrevocability.
2. Have the Apostille affixed by the Moroccan authorities: Morocco has applied the Hague Apostille Convention since 14 August 2016.
3. Have the judgment, certificate and Apostille translated into Italian. If the translation is done in Morocco, the Casablanca Consulate asks for a new Apostille on the translation.
4. Fill in the transcription request with the substitute declaration (Article 47 of Decree 445/2000) on the Article 64 conditions.
5. Submit everything to the consulate or the comune, with an identity document.

Part 2 – An Italian divorce judgment used in Morocco

In Morocco, foreign decisions can be enforced only after exequatur (التذييل بالصيغة التنفيذية). The 1974 Code of Civil Procedure, which covered it in Articles 430–432, was repealed and replaced by Law No. 58.25 on civil procedure (Official Bulletin No. 7485 of 23 February 2026), in force since late August 2026: Articles 451–456 now apply.

Article 128 of the Family Code (Moudawana) allows foreign divorce judgments to be enforced when they come from a competent court and their grounds are not incompatible with those set out in the Code.

In short:

• the application goes to the president of the competent court of first instance at the place of enforcement (Article 452);
• the court checks, among other things, that the parties were duly summoned, that the judgment is final, that it does not conflict with a Moroccan decision and that it respects Moroccan public policy (Article 453);
• you attach an official copy of the judgment, a certificate of no opposition, appeal or cassation, and a full Arabic translation certified by a sworn translator (Article 454);
• an exequatur granted for the dissolution of a marriage can be challenged only by the public prosecutor, on public-policy grounds (Article 454).

The Italy–Morocco Convention of 12 February 1971 also applies; its Article 23 additionally requires proof of service of the judgment and, if a party did not appear, a copy of the summons.

In Italy, a legal separation does not dissolve the marriage: if you only have a separation judgment, ask a lawyer whether and how it can be used in Morocco.

Step by step

1. Ask the court registry for a certified copy of the judgment, the certificate that it is final (passaggio in giudicato) and proof of service.
2. Have the Apostille affixed by the competent Public Prosecutor’s Office (Procura della Repubblica).
3. Have all documents translated into Arabic, Apostilles included.
4. File the application with the Moroccan court, normally through a lawyer.
5. Register the divorce in the Moroccan civil status records, through the competent office or the Moroccan consulate.

The role of sworn translation

In Italy, the translation must be certified by the consular authority or by an official translator (Article 33 of Decree 445/2000; Article 22 of Decree 396/2000). In Morocco, an Arabic translation certified by a sworn translator is required. Stamps and Apostilles are translated too, and names must match the passports.

Document checklist

For Italy:

• full copy of the Moroccan judgment;
• certificate of finality (or deed of irrevocability);
• Apostille and sworn Italian translation;
• transcription request, substitute declaration, identity document.

For Morocco:

• certified copy of the Italian judgment;
• certificate of finality and proof of service;
• Apostille from the Procura;
• sworn Arabic translation of every document.

Frequently asked questions

Do I always need the Court of Appeal?

No. As a rule, transcription by the comune is enough; a court steps in only after a refusal, a dispute or a need for enforcement.

Is a translation made in Morocco valid in Italy?

Yes, if it is done by a sworn translator and apostilled, as the Italian consulates in Morocco indicate. Still, ask the comune which form it accepts.

Do I need a lawyer?

Transcription in Italy can be requested directly by the person concerned (Article 12 of Decree 396/2000). Exequatur in Morocco is a court application, so a lawyer is advisable. In complex cases (children, maintenance, property, opposition from the other spouse) legal assistance is essential.

Sources

• Law 218/1995 – Normattiva
• Legislative Decree 150/2011, Art. 30 – Normattiva
• Presidential Decree 396/2000 – Normattiva
• Presidential Decree 445/2000, Art. 33 – Normattiva
• Law 1043/1973, Italy–Morocco Convention – Normattiva
• Recognition of foreign judgments – Italian Ministry of Foreign Affairs
• Divorce – Italian Embassy in Rabat
• Divorce – Italian Consulate General in Casablanca
• Translation and sworn certification – Prefecture, Italian Ministry of the Interior
• Law 58.25, Official Bulletin No. 7485 – SGG Morocco
• Family Code, Official Bulletin No. 5358 – SGG Morocco
• Apostille Convention status table – HCCH

Tarjama24 prepares sworn translations of judgments, certificates and Apostilles in both directions, from Arabic into Italian and from Italian into Arabic. Send us a legible scan and tell us which office will receive it: we will check with you which documents need translating.