The different types of divorce in Algeria
- Ounissa MOHDEB, Juriste généraliste
- Mar 22
- 2 min read
The Algerian Family Code, established by Law No. 84-11 of June 9, 1984 and amended by Ordinance No. 05-02 of February 27, 2005, is based on legal, cultural, and religious foundations. It is primarily inspired by the principles of Sharia law and distinguishes four divorce procedures.
Divorce by mutual consent
Divorce by mutual consent is a legal procedure allowing spouses to dissolve their marriage by mutual agreement. This procedure is governed by Article 427 of the French Code of Civil and Administrative Procedure, which provides:
“divorce by mutual consent is the procedure aimed at the dissolution of marriage by the common will of the spouses.”
Divorce by the will of the spouse (repudiation)
Divorce by the will of the spouse (repudiation) in Algerian law is governed by article 48 of the Family Code which states that:
“Divorce is the dissolution of marriage, subject to the provisions of Article 49 below. It occurs at the will of the husband, by mutual consent of both spouses or at the request of the wife within the limits of the cases provided for in Articles 53 and 54 of this law.”
This type of divorce also finds its basis in Sharia law, which is integrated into the Algerian legal system. Verse 2 of Surah 229 Al-Baqarah establishes the general framework for divorce, allowing the man to pronounce repudiation, but emphasizing the responsibility and respect for the wife's rights. This verse states that:
“Divorce is permissible twice; then, one must retain one's wife in accordance with propriety or separate from her with kindness.”
Divorce by the will of the wife
Article 53 of the Family Code governs divorce at the will of the wife, allowing her to request a divorce in the event of serious misconduct or harm suffered during the marriage for the following reasons:
“For failure to pay alimony ordered by judgment unless the wife was aware of her husband’s indigence at the time of the marriage, subject to Articles 78, 79 and 80 of this law;
For infirmity preventing the achievement of the purpose of the marriage;
For refusal of the husband to share the wife's bed for more than four (4) months;
For conviction of the husband for an offense likely to dishonor the family and make living together and the resumption of married life impossible;
For absence of more than one (1) year without valid excuse or without maintenance pension;
For violation of the provisions of Article 8 above;
For any immoral, seriously reprehensible fault established;
For persistent disagreement between spouses;
For violation of the clauses stipulated in the marriage contract;
For any legally recognized damages”.
Divorce by payment of kohl'a by the wife
Divorce by khol'â, as set out in Article 54 of the Family Code, allows the wife to separate from her spouse, without the latter's consent, by paying a sum as "khol'â".
In the event of disagreement over the consideration, the judge orders the payment of a sum which cannot exceed the value of the parity dowry "sadaq el mithl" assessed on the date of the judgment.
