Dear Amable, The laws of Ghana recognise the celebration of three types of marriages. Customary marriage in Ghana is recognized by government under the Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112). The Marriages Act, 1884 - 1985 (Cap 127) Ghanaian law is emphatic that, in relation to immovable property, the law of the place where the property is located is applicable. The Matrimonial Causes Act, 1971 (Act 367), governs the current law on divorce in Ghana. Get the news that matters from one of the leading news sites in Ghana, I'll never marry a man with kids if I come back to life again - Adwoa Saah Kumkum goes emotional on Delay Show, I used GHc 38k to sponsor you & you left me; we shall see at the wedding - GH Lady threatens ex, Father claims his son has been denied admission into Achimota School because of his dreadlocks, Video drops showing US President Joe Biden falling on Aeroplane stairs, Ahuofe Patri finally agrees to marry Kalybos after bouncing him for years; new photo gets fans excited, Military man accused of dumping his girlfriend who spent GHC38k on him to marry another lady finally speaks (AUDIO), Ghanaian ladies drool over handsome photo of Mona Gucci's son, Ghana Facts Life Hacks DIYS and Practical Tips, Consent from the parents of both the bride groom and the bride, Consent from both the bride groom and the bride, A traditional ceremony according to the customary requirements of the bride’s family, Payment of a bride price or dowry as agreed upon by both families, Presence of key relatives such as uncles at the ceremony to act as witnesses to the adherence of all customary requirement. LAWS OF GHANA MARRIAGES ACT, 1884-1985 CAP. * Publications Ghana LawsMATRIMONIAL CAUSES ACT1971 (ACT 367) Section 1-Petition for Divorce. Child marriage remains a challenge in Ghana. This law does not apply to Islamic or Ordinance marriages and thus the methods of registration of either are different. Marriage under the ordinance is the civil union available to any Ghanaian to take advantage of, and despite some confusion, it is entirely secular and not religious (Christian) at all. 5. The law and legal system inGhana is heavily marked by its history. Ghanaattained independence from colonial British rule on March 6, 1957. This certified copy issued to both parties is the customary marriage certificate in Ghana. Ireland Civil Registration Act 2004. Objection to registration of customary marriage. The others are Ordinance marriage which are overseen by a religious leader who is licensed to perform marriage on behalf of the government. Gambia: Muslim-Marriage-and-Divorce-Act. High Divorce Rate in Ghana: Statistics and Causes. Law on customary marriage in Ghana also has a few other legal provision that are aimed at smoothing out legal nuances that may arise the case of demise of either party in the marriage. Laws prohibiting child early and forced marriage in Ghana Also, in Ghana the 1992 Constitution and the Children’s Act (Act 560) both define a child as … There are three legal forms of marriage in Ghana: the Customary, the Islamic and the Ordinance. LGBT Rights in Ghana: homosexuality, gay marriage, gay adoption, serving in the military, sexual orientation discrimination protection, changing legal gender, donating blood, age of consent, and more. The processes involved in any of these marriages must be followed carefully so as to have them legally recognized by the laws of Ghana else one stands the chance of having their marriage nullified. [15] Kwakye V. Tuba And Others [1961] GLR 720-725 [16] Ahwireng-Obeng, Fredericka (2015); At a Glance! More than one in every five girls in Ghana is married before the age of 18 and 5% are married before their 15 th birthday. According to the Customary Marriage and Divorce(Registration) Law, 1985(PNDCL 112) the registration of a customary marriage and divorce can be done at any time after the proclamation of the marriage as required by customary laws unless a certain time prescribe by the Secretary for Justice is passed after which the failure to register the union is considered an offence – there is no declared jail term or penalty for late registration under the law or its amendment in 1991 which means it may attract a minor fine at the most. However, the Petitioner of the divorce, i.e. (1) Any married person may present a petition to the court to have it presumed that the other party to the marriage is dead and to have the marriage dissolved. Apart from these marriages, the courts in Ghana will recognise marriages celebrated under various enactments in most countries. The law provides that a petition for divorce may be presented to the Court by either party to a marriage. They are legally marriage officers and are therefore able to sign legal marriage registration documents to make a marriage official. Either or both parties in the marriage are required to apply in writing to the Registrar of Marriages in the district in which the marriage took place to be registered in the register of marriages. Registrar to register customary marriage. Before a Christian marriage rite is performed by a minister in Ghana, the union must have been duly registered in court or with a district metropolitan assembly. Persons married under customary law should therefore not feel limited to their peculiar customs in seekingthe dissolution of their customary marriage. Further laws are necessary to streamline the process and encourage more couples to register their marriages as required by the customary marriage law Ghana. Those intending to get married are required to give notice to the marriage registrar in the district where the marriage is going to occur. This concerns only the legal spouse in the marriage. shrouded the English laws of marriage and divorce, has neither existed in Ghana nor has been relevant to the African situation. Marriage under the ordinance is the civil union available to any Ghanaian to take advantage of, and despite some confusion, it is entirely secular and not religious (Christian) at all. 127, Laws of the Gold Coast, 1951 Rev.) The ‘certificate’ is issued upon payment of the required fee for the filing of the entry. 2. In the case that either party loses or misplaces the document and is in need of another copy the office of the registrar is required by law to issue you a copy at a fee. The parties shall both notify the registrar that the dissolution was in accordance to the customary law necessary. Time Frame: Marriage must be celebrated within 20 days from the start date, >> If the couple are not Ghanaians, they are to produce residence permit or must stay in the country for more than 15 working days, >> But if one Ghanaian is involve, the above requirement is not needed. You are already subscribed to our newsletter! Ethiopia: Revised Family Code 2000. The parents or the parents standing in loco parentis (a representative of the parents allowed by law o be in the position) of the two are to support this in a statutory declaration. Registration of customary marriage. The customary marri… The images are available for viewing. The process is outlined in a step by step guide below follows: Full printable wedding checklist for couples in Ghana, How to obtain a marriage certificate in Ghana, READ ALSO: How to obtain a marriage certificate in Ghana. Concerned parties are given copies of the grounds for objection that were filed by the person in objection. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Section 15-Presumption of Death and Dissolution of Marriage. There are as many variations of the custom as the ethnic groups there are in Ghana. Marriage among some Communities in Northern and Upper Regions of Ghana: Marriage ceremonies among most ethnic groups in the Northern and Upper Regions of Ghana seem to be the same. The union is recognized under the Marriage Act of Ghana which contains all the requirements in Islamic law. This is citing that only Metropolitan Assemblies has their marriage officers registered as registrars of deeds and thus able to register marriages while those at district assemblies were denied this authority. This is governed by Marriages Act (Cap 127) and is the only, strictly monogamous legal means of marriage in Ghana. Contemporary Principles of Family Law in Ghana @ page 17 and 33 Registration of customary marriage in Ghana is not complete until after the time of the notice is expired. In some cases the union is also legally documented which makes it eligible to enjoy benefits under the intestate laws in Ghana, as well as for immigration and other purposes the married … To provide a legally acceptable means of sexual indulgence with one another with the ability to reproduce and build a family while providing either party support and lifelong partnership and companionship. Despite these exceptions, there have been no reports of a legally contracted polygamous marriage in Ghana; and are considered to be "de facto" illegal. Registration of Divorce 6. Anyone with an objection to the validity of the reasons for which the registrar filed the divorce in the register of divorces is required by law to file the grounds of his/her objection the District Court of the district in which the application for divorce application was filed. 4. These are marriages celebrated under customary law, ordinance marriage and Mohammedan ordinance. There have been a number of controversies surrounding customary marriage in Ghana and especially human rights activists getting carried away with concerns of forced marriages. [14] Section 1 of the Marriages Act 1884-1985 provides a marriage contracted under customary law may be registered under this Act. In this way the marriage may be said to be annulled, but in order for a dissolution of customary marriage in Ghana to be complete it needs to be done according the customary laws in which the marriage was done. The Coalition of the Campaign remains particularly concerned by the following violations of women’s rights in Ghana: the persistence of discriminatory laws; violence against women; unequal status in marriage, family, and inheritance matters; unequal access to employment, decision-making, and lack of access to quality health services. Ordinance Marriage (Optional in the traditional Marriage) In Ghana today, some couples perform the traditional wedding alone as a marriage ceremony, however, most couples also go on to perform the western wedding in a church in addition to the traditional marriage ceremony.. It is also worth noting that despite the Ghanaian court not requiring you to provide any legal documentation and is accepting of oral declaration of the marriage, foreign authorities will require written proof. This is twenty-eight days. Polygamous marriages are illegal under civil law, though are arguably considered to be legal under customary law. Article 21 (2) states that ‘child marriage and the betrothal of girls and boys shall be prohibited’. The other one is Islamic marriage which by the name is all forms of marriage carried out according the ways of those practicing Islam. The registrar would then publish a notice of marriage and then issue a certificate after 21 days if no objection is raised. Section 12 (2) of Chapter 5 of the Constitution of Ghana provides that, "Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest." It also provides an eye opener on the possibility of upholding validity of a customary marriage without having the marriage ‘certificate’ as it states in subsection (2): Find out if the type of marriage you are planning is legal in your Ghana state. The court shall furnish the concerned party in the marriage with copies of the provided legal grounds. The application is done in a legal form prescribed under the law and can be found at the registrars offices. Marriage has many legal implications on both parties in all aspects of life as far as responsibility in raising a family is concerned, property ownership and immigration and most importantly financially. Customary marriage in Ghana serves the same purpose as marriage all around the world. The Act, under Section 25 mandates the registration of divorce that is effected in accordance with Islamic law. This is done so that in the case of any objection to the marriage the registrar is notified. This law does not apply to Islamic or Ordinance marriages and thus the methods of registration of either are different. The High Court in Ghana is competent to deal with inheritance issues. However, all marriages are required to be registered with the Registrar of marriages and have a certified true copy of the entry issued to all parties as proof of the transaction. Read on to know more. (1) A petition for divorce may be presented to the court by either party to a marriage. At the time when this is not the case and either party no longer wants to be in the union then a dissolution of customary marriage in Ghana procedure is done by the two in accordance to the customary law. Polygamy is illegal in Ghana, but the restrictions are not heavily enforced. The divorce procedures are as outlines in the Quran and are applied as relevant. As with any marriage, the beginning is always a happy story, a tale of love and dreams come true. In this manner the marriage is still upheld by the court which means a certain legal requirement was not met. As with any legal documents there are laws regarding filing for marriage or divorce under falsehoods of with intent to defraud by attaining a certified copy of any of the two documents through a falsehood and liable of a prison sentence of up to three years and a fine of c 10,000.00 or both. If she accepts the gifts, then they become lovers. Article 16 (2) of the Convention on the Elimination But in all forms of the marriages allowed in major parts in Ghana, Customary marriage forms the basic parts. It is a problem many encounter when travelling abroad or applying for foreign visas if there is no legal document to prove marriage or divorce. In the application you are required to provide the full names of both parties to the marriage along with their places of residence at the time of the marriage. It is this part that necessitates the presence of the extended families from either side at the ceremony of the performance of marriage rites. 127 ARRANGEMENT OF SECTIONS PART ONE Customary Marriages Registration of Marriage 1. Well customary marriage is recognized. This prompted a Ghanaian couple in Canada to hold a very public wedding ceremony in an attempt to debunk the myth. In all cases, a married person cannot become eligible for common law timeframe until divorced from any previous spouse. In an exemplary case in August 2018, the court in the northern Ghanaian city Tamale ruled that a couple that divorced after 15 years of marriage shared ownership of their six-bedroom house. SEE Section 13 of the Marriages Act 1884-1985. The gifts are usually in the form of money, handkerchiefs, towels, etc. India: Registration of Births and Deaths Act 1969. On July 1,1960, it became a republic, the first of four civilian republics that were interspersedwith periods of military rule. The Criminal Code, 1960 of Ghana, last amended in 2003, states that forcing a person to marry against their will is illegal (Ghana 12 Jan. 1961, Sec. However, in the UK at least, common-law marriage has been abolished and there are no rights available unless a couple marries or enters into a civil partnership. When a marriage ends in Ghana, it is common for the wife to be denied any property acquired during the time spent together. This notice is to be posted in a public notice board in the district it was filed. It is important to note that customary marriages in Ghana are allowed to be polygamous with no limit on the number of wives a man can have. The ceremony which was held at the Woodbridge Banquette Hall was open to the public and attracted a large crowd mostly of white Canadians curious to see what is customary marriage in Ghana and how is it done. Iran: Civil Registration Law. This collection includes records for the years 1863-2003. As is said of the validity of Islamic marriages, same is also said of Islamic divorce. It is with this reason in mind that the office of the Registrar charged with registering a divorce or a marriage is required to issue a certified true copy of the entry into the registry a divorce or marriage to both parties. For registration, notifications are usually done to the Mohammedan marriage registrar. The customary marriage law Ghana despite not outlining the exact specifics of how the ceremonies should be performed has a number of set terms that must be adhered to enable the marriage be legally recognized. This part is exempt if not such relation is alive at the time of the registration. Requirements for a birth certificate in Ghana. First, this form of marriage is made between a man and a woman only. Over the years, government and development partners have made various commitments and efforts to curb the phenomenon of child marriage. The process for dissolution remains the same as for ordinance marriages with the presentation of a petition for divorceat thelawcourt. This is the most personal relationship anyone can have and is therefore supposed to be comfortable and enjoyable for both parties. Customary marriage in Ghana is one of three possible ways of getting married that are legally recognized. Coyright © 2019 The Registrar General's Department. The means by which they may be dissolved legally also vary according to the different laws that apply to each. Customary marriage in Ghana is recognized by government under the Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112). All rights reserved. Thailand: Civil Registration Act 2008. This statutory declaration is required to be supported by both party’s parents and any persons standing in their place. He is also required by law to notify the public through a legal notice that shall be displayed within 28 days after the registration on a public notice board. Customary marriage in Ghana is a kind of marriage between a man and a woman, and involves performance of certain local customs. The Registrar is required to then file it in the register of divorces. Check your inbox to be the first to know the hottest news. The Customary Marriage and Divorce (Registration) Law, 1985(PNDCL 112) in Section 15 subsection (1) and (2) provides a means of Intestate Succession. The law however does not state how custody over children should be done in the event of a legally registered divorce. Application for registration. When a man wants a wife, he starts giving the girl gifts. This is applicable to living relatives. After this is done there is a legal procedure to file for divorce under the customary marriage law in Ghana. If it exceeds this duration, then it is declared void. Kingsley Prempeh, in his performance of customary rites to marry Barbara Nana Yaa Adowaa in Toronto, the leaders of the community of Ghanaian in Toronto used the opportunity to shed some light on the ceremony. The marriage certificate must then be presented to a licensed marriage officer, after which the couple must get married within three months or that certificate becomes null and void. 3. Marriage is however not a ceremony but the beginning of a journey of a lifetime together in deep intimacy. It is however expected that the families concerned are able to work out a solution to their new domestic arrangement. The following is a step by step guide on how to register customary marriage in Ghana: Upon receipt of an application for marriage, the registrar of marriages will go ahead and file the marriage in the register of marriages. The three basic types of marriage in Ghana are the customary marriage, the Ordinance marriage and the Mohammedan marriage. Statutory declaration. have the same status and rights as if the marriage of his parents had been dissolved rather than annulled. The things needed for customary marriage in Ghana include: If all the above conditions are duly met then the two are set to be recognized by law as husband and wife. The High Court has jurisdiction to take decisions about property in Ghana owned by foreigners. Customary marriage in Ghana and many other African countries are the equivalent of the white wedding so many people prefer over our own traditional practices but the existence of a law that upholds its validity is one of the factors keeping the tradition alive. These are found in all district assemblies across the country. and for Islamic marriages the law that is applicable is not clear but the marriage is performed according to the demands of Islamic faith. The age of consent to sex of 16 and the legal age for marriage in Ghana which is 18 years are quite similar to international ranges. The court will then hear the arguments in against the objection and if it finds that there are no legal grounds for objection, one of which may be that the marriage was dissolved under section 41 of the Matrimonial Causes Act, 1971 (Act 367) then the objection is dismissed and the divorce is upheld. If within the four week an objection to the marriage arises it is to be files in the District Court in which the marriage was registered alongside with proof of legal grounds of objection. Different types of marriages in Ghana – definitions and explanations. The records were acquired from the Public Records and Archives Administration (PRAA) and are both typed and handwritten in printed forms. However, there is little empirical evidence on the predictors, norms and practices surrounding the practice to support their efforts, a gap this study sought to fill. Be the first to get hottest news from our Editor-in-Chief, Check your email and confirm your subscription. 109) and the Children's Act of Ghana, 1998 stipulates that forced child marriage is also illegal (30 Dec. 1998, Sec. In the case of Ordinance marriage the law is The Marriage Ordinance, 1884 (Cap. The essential conditions necessary for the marriage to be valid under the concerned ethnicity must have been met to satisfaction. This is as reported by ModernGhana in an article they published. The registrar will notify the public in twenty eight days of the divorce and invite objection to the process if any. The public ceremony was successful in throwing the suspicion off the practice with many saying it was a beautiful ceremony that they would wish to perform themselves. This copies are recognized by law and can be used sufficiently as proof of customary marriage and divorce. Thus, much of the anxieties and turmoil of the “Era” for the most part had little impact on Ghanaian society. The court will do this through a tribunal tasked with hearing cases concerning the divvying up of properties of a deceased individual. France: Policy Statement of 29 March 2002 on Civil Registration. What is customary marriage in Ghana and is it legal, what are the requirements. This is according to an article in GhanaWeb that as during an ongoing campaign striving to prop up gender equity. The elders of the two families, along with the potential bride and groom, meet together for a bargaining. It is not uncommon for someone to ask: is customary marriage legal in Ghana? This is governed by Marriages Act (Cap 127) and is the only, strictly monogamous legal means of marriage in Ghana. Two witnesses are to be provided from each side of the couple if marriage is to be celebrated at the Registrar General’s Department. The dissolution of the marriage is filed in an application by either party at the registrar in the district the marriage was registered. However, traditional, or customary, Ghanian marriages are performed by family elders. Marriage is done within a week. The requirements for ordinance marriage in Ghana are quite simple. There was little influence of the Victorian Family Code (with all its rigidity: prudence and hypocrisy) on the institution of the family in Ghana. Most recently was an incident in 2016 when two human rights activists from Canada were misled with a hoax rites ceremony. The court will then determine the validity of the claims in the objection and if it deems it insufficient it will dismiss any objections and the marriage will remain in the register of marriages. (2) The sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation.Section 2-Proof of Breakdown of Marriage. Women in the northern region marry at the youngest age. 2% of Ghanaian boys are married before the age of 18. In Ghana, a couple could be married under customary law. What this means is that even when the man was alive and the two were still married, the law did not recognise their marriage. We will dig deep and answer the questions on customary marriage in Ghana in this article. After the ceremony of the marriage according to acceptable tradition the two have the legal obligation to register their union under the Registrar of marriages so that they are put in the register of marriages. This was during the same period that many called for a review of the law with FLFA at the forefront of the GTZ Legal Pluralism and Gender Pilot Project. When the court is satisfied with the evidence provided the court shall provide an allowance for the estate of the deceased spouse be distributed as is prescribed in the customary law under this law to the living spouse and relatives. It is an inexpensive or a very affordable way to marry. If the objection is backed by valid legal grounds and is deemed sufficient the court will order the Registrar of marriages to remove the marriage from the register of marriages. Ghana is one of several countries that has translated international conventions and agreements that prohibit child marriage into national laws. But the law is increasingly interpreted in a different way these days. On January 7, 1993, the Fourth Republic wasinaugurated, complete with a new Constitution. This varies from one ethnic group to another but in some it may involve heavy consultations by both families in an attempt to find the cause for the request of divorce and the party at fault is fined as tradition requires.
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