Marriages in Ghana Explained

To begin with, I must state that I am not as yet married. However, I share my views on the matters of marriage based on research and my understanding of the position of Ghana law. This piece will attempt to explain what constitutes proper marriage under the laws of Ghana.

In Ghana, marriage is still a union between a man and a woman and in some circumstances their families.

There are several issues arising from marriage due to inheritance, travelling abroad, divorce and legitimacy of children. It must be stated however that, in Ghana, there are no illegitimate children. A child accepted by the father is a legitimate child and can inherit the father, unlike some western countries where a child born out of wedlock is considered illegitimate and therefore cannot inherit the father.

In Ghana today, people get into marriages which are not clearly defined and as a result, when issues arise out of the so called marriages, resolving them become a problem. People, including the couple involved in the marriage themselves mix up the issues related to the status of their marriage, most especially, between marriage under the ordinance and marriage under the customary laws.

It is soothing therefore, that we understand the types of marriages acceptable under the laws of Ghana at this juncture.

Under customary law

The first type of marriage known to Ghana law is customary law marriage; the one many Ghanaians ignorantly refer to as “engagement”. The proper way to call it is a traditional wedding if anything at all. Under the customary practice in Ghana, engagement should be the knocking ceremony where the woman’s family agrees to the man’s proposal to marry their daughter. A list of items for the marriage rites is then requested by the man to enable him to marry the woman according to the acceptable customs and practices prevailing in the woman’s custom. In Ghana and under customary law, it should be clear that, it is the woman’s customs and practices which govern the marriage and not that of the man. They become engaged to be married after the knocking ceremony.

Marriage under customary law predated the colonial era. This is the type of marriage known to Ghanaians and most of Africa I must say, before the introduction of the western type of marriage. The consequence of marriage under the customary law is that, the man can virtually marry as many women as he chooses to. Marriage under the customary law may promote polygamy which most modern Ghanaian women find very difficult to accept. It must be noted however, that the fact that a marriage is conducted under the customary law is not indicative of the man’s intention to marry more than one woman.

Marriage under the customary law can also be registered with a local authority witnessed by family members of both partners under the Customary Marriage and Divorce Registration Law, 1985 (PNDCL 112).

Under the Ordinance

The second type is marriage under the Ordinance regulated by the Marriage Ordinance, 1884-1985 (Cap 127). This type of marriage was borrowed from our colonial masters, the British. The marriage is contractual in nature and does not permit a man to take another wife – it is strictly monogamous. Permit to marry is issued by a local authority, the Registrar General’s Department or the Court. Many people in Ghana misconstrued this type of marriage, unfortunately, as Christian marriage or church marriage. It is worth to note here that, there is no form of marriage known and or accepted by Ghana law as Christian marriage. The church is only a platform upon which marriage under the ordinance is carried. The certificate of marriage signed by the couple and two witnesses each and issued at the church is a document of the State, not that of the church. That is the reason why when a couple decide to dissolve the marriage (divorce), the procedure to do so is conducted in court and not in the church. The church cannot dissolve a marriage it did not authorise. I must also add that, under Ghana law, one is either married or divorced. There is nothing like separation under Ghana law. People often confuse staying apart because of dispute arising from the marriage with separation. It is not. Separation is alien to Ghana law. Separation is a legal status pronounced by a court of competent jurisdiction in some countries like Britain and the United States of America but not in Ghana.

Under Islamic Law (Mohammedan Ordinance)

The third and perhaps the only religious marriage in Ghana is Islamic law marriage also termed Mohammedan Ordinance. This type of marriage is regulated by Islamic law and follow the dictates of the Holy Quran. Disputes arising from this type of marriage is settled using Islamic law. Under this form of marriage, the man can marry a maximum of four wives, though I must hasten to add that, there are many marriages under Islamic law where the man married only one woman. This type of marriage can also be registered under the Marriages Act.

Confusion

One of the underlining reasons for this piece as stated in the above, is the confusion generated by some churches in Ghana between customary law blessing and marriage under the Ordinance.

Not too long ago, I witnessed a marriage ceremony between a nephew of mine and his wife. The traditional marriage took place on Saturday after which a church ceremony followed on Sunday. At the ceremony, marriage vows were taken and rings exchanged and a purported marriage certificate signed. My curiosity arose when only one witness each were called upon to witness the signing of the certificate instead of two each. After a quick enquiry, I realized that the couple were under the understanding that they had carried on a proper marriage under the Ordinance and that the marriage is protected by law. My first thought was ‘what law?’. Everything that happened in the church that afternoon is of no effect and does not warrant cover of the law except, perhaps, blessing of God invoked by the minister. Yes, it is correct that they were properly married under customary law which took place on the Saturday but whatever took place on the Sunday, including the exchange of the rings, the usual nice outfit they wore and the refreshment were all waste of scarce resources. That marriage conversion did not have the blessing of the law.

Let me explain further. For instance, should my nephew choose to marry another woman after many years of marriage, his wife will not succeed in any court action against him based on a breach of their marriage under the ordinance or under bigamy which has now been made a misdemeanor in the Criminal Offences Act, 1960 (Act 29). The only thing which will hold my nephew back, may perhaps, be his Christian values, that teach that man must marry one woman, besides that, nothing more will count.

Some churches have reduced marriage under the Ordinance to a mere ceremony in a church where the minister administers marriage vows, bless the exchange of rings and conduct the signing of certificate. But unfortunately, Ghana must understand, that, the above procedure, irrespective of the size of the occasion or the stature of the Man of God administering the vows, will not constitute proper marriage under the laws of Ghana but only church blessing of customary law marriage. I must reiterate that, there is no such a thing as church marriage or Christian marriage under Ghana law.

Marriage under the Ordinance must be conducted on a registered premises such as the Registrar General’s Department or the courts and must be administered by officials authorised to do so. In respect of churches, the church premises must be registered and the presiding minister must be licensed to effect such marriages.

Cohabitation

This is a situation where a man and a woman stay together for many years and most times have children between them. This may be referred to as “common law” marriage which has not been formalized into any of the three forms of marriages recognized by the law in place. The position of the law on this situation is that, it is NOT a marriage and has no protection of the law.

To simply sum up, the laws of Ghana give protection to all the three forms of marriages that it recognises, each with its own distinct legal character and types of protection. Those who have ears should listen.

My view must count.
Dademono