Polygamy is not unrestricted: it is subject to the court's authorization. It is prohibited where injustice between the wives is to be feared, and it is also prohibited where the wife has stipulated, in the marriage contract or an agreement, the condition that her husband not take another wife in addition to her (art. 40).
The court does not authorize polygamy:
- where the exceptional objective justification is not established;
- where the applicant does not have sufficient resources to support two families and guarantee housing, maintenance, and equality in all aspects of life (art. 41).
Your rights in the procedure:
- You will be summoned to appear; the debate takes place in chambers, in the presence of both parties, with an attempt at conciliation (art. 43 and 44).
- If continuing the marital relationship becomes impossible and you persist in seeking divorce, the court sets your rights and those of the children, which the husband must deposit within 7 days, then pronounces the divorce (art. 45).
- If you neither give your consent nor request a divorce, the court applies the discord procedure of its own motion (art. 45).
Finally, the prospective wife must herself be informed that the suitor is already married and give her consent, all of which is recorded in an official report (art. 46).
This is general legal information, not legal advice. For advice on your specific situation, consult a lawyer admitted to the Bar in Morocco.