Polygamy in Morocco: what the Family Code provides

When it is prohibited

Polygamy is prohibited when injustice between the wives is to be feared, and when the wife has stipulated, in the marriage contract or a later deed, that her husband will not take another wife.

The conditions for authorisation

• An objective and exceptional justification, assessed by the court.
• Sufficient resources to support both households and guarantee each the same rights.
• The first wife is summoned and heard by the court.

The first wife's rights

If the wife objects to the second marriage, she may apply for divorce; the court then sets all of her rights and those of the children.

The intended second wife must be informed that the man is already married, and her consent is recorded in the marriage deed.

A marriage concluded without authorisation

A marriage concluded without following these rules leads to serious difficulties, in particular in having the rights of the second wife and of the children recognised. Going through the court is not a formality: it is what gives everyone legal certainty.

The firm's view

On such a sensitive subject, each situation calls for a precise analysis of everyone’s rights, starting with the children’s.

Maître Malak Elimani advises and represents wives and husbands alike in marriage and divorce proceedings. This article provides general information and is not a substitute for legal advice.