Hi Halima, if you are exclusively French (or French and a nationality other than Moroccan), BEFORE signing a marriage contract before the addoul, stipulating the separation of property at the French consulate in Morocco. This contract, concluded before the marriage, has the force of law in France. If you are Franco-Moroccan, you must do the same, but in front of a private notary. In all cases, the Muslim marriage contract is a regime of separation of property. You can also ask the Addoul to include in the contract in question that your marriage is subject to separation of property under French law. Since this is not contrary to Islam, this should not be a problem. As for heredity, it is much more complicated. If you have children, they will be Muslims according to Moroccan law. Their inheritance is therefore governed by Muslim law which, among other things, prohibits Muslims from inheriting from non-Muslims and vice versa. On the other hand, your husband`s daughter would only be entitled to a portion of her father`s inheritance. It is up to you to make an “amendment” to the marriage contract, a kind of private contract before a notary that specifies the conditions for acquiring your home.

If you are in France, go through an SCI, definitely avoid joint ownership, which can always be a problem. As an exception to the above principle, a notarized declaration (professio juris) allows you to choose the law applicable to your property in a country of the European Union, provided that you are a national of this law. However, this declaration is not admissible before a Moroccan notary. Can a foreign notary perform a valid act in the eyes of French law? Of course, except, it seems, in Morocco, for weddings. I can imagine that this is related to the difference in nature between French and Moroccan marriage contracts. In my opinion, however, a Moroccan notary can very well conclude a marriage contract “à la française”, since this contract does not marry the spouses, but only sets the conditions of the marriage. As long as it does not contain mentions that violate Moroccan law. Hello Arkia, as a binational, that is to say “Moroccan in Morocco” who marries a Moroccan, you can only go through the Moroccan administration and an Adoul. The legal regime in Morocco is that of total separation of property. You do not have to conclude a priori an additional marriage contract.

Their marriage is governed by a contract signed in Morocco but totally legal in France. I advise you to look directly with your Adoul and ask him to include in your Moroccan marriage contract the explicit mention of the separation of property and explain that it is “for the France”, this should not be a problem because it is in accordance with Sharia law. You can also, if you wish, take stock of your assets before getting married, either before a notary or with your Adoul and attach it to your marriage contract. NB: You must also go through the whole process of conjugal capacity, otherwise you may have difficulty registering your marriage later at the civil registry of Nantes. The Moroccan state may agree to marry you without this ability by considering you Algerian, but this will raise difficulties later. Thank you for your pertinent answers. Let me explain my case. I am Franco-Moroccan and my future wife is Franco-Algerian. We live in France.

You want to marry with a separation of property. So you have to go to the notary to draft the contract of separation of ownership, then go to the town hall in France? What should we do, if we have children tomorrow and want our children to have Moroccan and Algerian passports, should we transcribe our marriage to the consulates of Morocco and Algeria in France? If so, does the separation of property still valid? You cannot be satisfied with a power of attorney issued by an Adoul, because it is not considered an authentic power of attorney in France, unlike the power of attorney issued by a Moroccan notary, which is quite valid. Hello, I am French and my future husband is Moroccan. We are in the middle of the process for a French-Moroccan wedding, we are in the phase of Ahdoul that we will pass in front of the Adoul to make the marriage contract, which I will transcribe later in Nantes in France.