While the new Family Code aims to introduce a mediation and conciliation mechanism, a platform has rolled out a fee-based divorce support service in Morocco, even if it means creating controversy. Officially launched on June 30, the project is a joint venture between two existing platforms, Houkouki and Psyphone.
Called Talaq.ma, the service aims to digitize every stage of the separation process: from the moment the idea of breaking up is first mooted, through mediation and childcare, to the final decision – divorce or reconciliation. » Talaq offers legal and psychological support to people who want to divorce, » explains Nadia Lazrak Bensouda, the platform’s Managing Director, to TelQuel.
A « commercial » offer
Nadia Lazrak Bensouda insists on the complementary nature of the two products offered by Talaq: « These are two platforms, Psyphone, a platform of clinical psychologists, and Houkouki, a platform of legal experts, who have joined forces to provide this service. »
But some see in this initiative a kind of uberization of justice, and more specifically of divorce proceedings.
Khadija Rouggany, a lawyer specializing in family law and a community activist, asked TelQuel: « Who has the right to provide this service? The platforms, the sites, or real experts? ».
Above all, this positioning precedes the entry into force of the new Family Code, which introduces new provisions, notably concerning mediation and conciliation.
« The creators of this platform are simply people who are aware of the stakes involved in the new Family Code, and who have created a product accordingly, » says Me Rouggany. And he points out: « They are not lawyers, they only offer superficial knowledge. A consultation worthy of the name comes from a law firm that assumes its responsibility towards the customer (or from a) serious association, which assumes this responsibility free of charge ».
Upstream support
In concrete terms, the platform offers psychological support that it claims is « entirely personalized« . Again according to its portal, the platform emphasizes the option offered to each beneficiary of being accompanied by a clinical psychologist to cope with the emotional shock of separation, understand and manage their feelings, and gradually rebuild their self-esteem. With customized or à la carte offers.
Talaq.ma also offers legal support, which the company’s management considers to be « clear and structured », before emphasizing that « thanks to the expertise of specialized lawyers, each person receives a detailed presentation of his or her rights and obligations, whether in matters of residence, alimony or division of property ».
The site’s « packs » also include a family mediation service, presented as capable of restoring dialogue between spouses or ex-spouses. According to the company, this approach enables« equitable agreements » to be negotiated on housing, the organization of daily life and child custody.
« The originality of our platform is to accompany people when they are in the reflection phase, in order to first undertake a mediation process »
In the eyes of Talaq’s CEO, the platform’s strength lies in its upstream deployment: « The originality of our platform is to accompany people when they are in the reflection phase, in order to first undertake a mediation process. If there’s nothing to catch up on, we then guide them through the process, both legally and in terms of mental health resources, » she explains.
For Me Rouggany, there’s nothing innovative about this kind of support. « Civil society is already doing this work. A number of charities offer listening services, psychological support and legal advice, all free of charge », she insists.
For the lawyer, one of the major risks of this type of platform is the « commercialization » of a service that has until now been provided free of charge by civil society.
Access limited to women of means
« The creators of this platform are simply people who are aware of the issues at stake in the new Family Code, and who have created a product accordingly »
He adds: « The fight against violence against women and for female economic empowerment are intimately linked to divorce. It’s important to understand that we’re dealing with women who, in the majority of cases, are destitute. »
« It’s a commercial project, like any other business. Access is limited to women who can afford it, whereas those who suffer the most are often the most destitute, » she continues. Khadija Rouggany also sees these platforms as unwelcome « competition » for the legal profession: « It’s not legitimate competition. Normally, it’s up to lawyers to provide this follow-up ».
Divorce is, moreover, a structural problem that is not limited to the legal aspect. The lawyer points out that« there are cultural, psychological and economic dimensions to be taken into account ». Moreover, it’s a problem that « concerns not only the couple, but also the woman specifically, children, generational development, society and democracy », she sums up.
In fact, the platform states that it is responding to « a growing need » by offering families support that is human, structured and caring, to help them get through « a delicate ordeal in serenity ». It remains to be seen whether this fee-based offering will be able to coexist with charity networks and law firms.
A divorce crisis?
Since the reform of the Family Code in 2004, the number of divorces in Morocco has been rising steadily. According to the Haut-Commissariat au Plan, 3.3% of Moroccan women over the age of 15 were divorced in 2020, representing some 450,000 people. In addition, the Superior Council of the Judiciary (CSPJ) reports that more than 500,000 divorce cases were registered with the courts of first instance between 2017 and 2021. Another striking fact: for every 100 applications for marriage authorization filed during this period, 50 divorce cases were recorded. The main causes are incompatibility, economic difficulties, infidelity, family pressure and early marriage. The cases are mainly concentrated in large cities such as Casablanca, Rabat, Marrakech and Fez.
Written in French by El Mehdi El Azhary, edited in English by Theodore Griffin
[/frame]
