Marriage, partnership and divorce — Ghana

Same-sex marriage. An existing misdemeanour, and a far broader bill passed again by Parliament in May 2026. Religious ceremony. Three marriage regimes — Ordinance, customary and Mohammedan — each with its own registration route. Wedding customs and ceremonies. The knocking ceremony, kente cloth, and an engagement that is the real marriage.

Illustration: Marriage, partnership and divorce
Location map — Ghana
Ghana. Simplified location map — Natural Earth data, public domain.

Marriage

Ordinance, customary and Islamic marriages coexist, and registering a customary marriage is what gives it evidential weight.

Marriage is governed by the Marriages Act, covering ordinance, customary and Mohammedan marriages. Customary marriage remains the most common form and can be registered, which is what gives it evidential weight.

Key points

Age18 under the Children's Act
PolygamyCustomary and Islamic marriages may be polygamous; a marriage under the Ordinance is monogamous.
Ordinance marriageMonogamous, registered, with full statutory consequences
Customary marriageCelebrated by the families; registration is advisable and increasingly common
Same-sex marriageNot recognised; same-sex conduct is criminalised
Three regimesOrdinance, customary and Mohammedan marriages, each separately registered
Licensed place of worshipRequired for an Ordinance marriage celebrated in a church
Statutory declarationUsed to register a customary marriage at the district assembly
MonogamyOrdinance marriage is strictly monogamous

In practice

  • Register a customary marriage by statutory declaration while the witnesses are available.
  • For an Ordinance marriage, confirm the church's licence and give notice at the registry.

Worth knowing

Customary marriages are valid without registration but very hard to prove later. Registration is cheap and prevents most inheritance disputes.

The general article: Marriage · Compare with another country

Partnerships and cohabitation

No statute covers cohabitation, but the courts can use an equitable approach to jointly acquired property to help partners who contributed.

Ghana has no statutory cohabitation regime, but the courts have developed an equitable approach to jointly acquired property that can assist unmarried partners who contributed to an asset. Customary marriage, which can be registered, remains the accessible route to recognised status.

Key points

No cohabitation statuteOnly Ordinance, customary and Mohammedan marriages have status
Customary marriageProved by the steps taken between the families
RegistrationBy statutory declaration at the district assembly
Intestate Succession ActApplies to spouses of any recognised marriage, not to cohabitants

In practice

  • Register the customary marriage by statutory declaration while the witnesses are alive.
  • Make a will if you are not in a recognised marriage: nothing else will protect your partner.

Worth knowing

The Intestate Succession Act protects spouses, not partners. Without a recognised marriage or a will, a long-term partner receives nothing.

The general article: Partnerships and cohabitation · Compare with another country

Same-sex marriage

Same-sex conduct is already an offence in Ghana as unnatural carnal knowledge, a misdemeanour. Beyond that sits a much wider bill: passed by Parliament in February 2024, it lapsed when Parliament was dissolved before the 2024 election, was reintroduced as a private member's bill in March 2025 and passed again on 29 May 2026. It provides for imprisonment for identifying as LGBTQ and longer sentences for promotion or support. As of mid-2026 it awaited presidential action.

Ghana illustrates how a bill can dominate a country's international image for years without becoming law. The 2024 text lapsed with the parliamentary term, the 2025 reintroduction restarted the process from the beginning, and the May 2026 passage put the question back on the President's desk. Throughout, the operative law has remained the older misdemeanour provision.

Key points

Criminal lawUnnatural carnal knowledge, a misdemeanour
Wider billPassed by Parliament on 29 May 2026; presidential assent pending
Scope of the billIdentifying as LGBTQ, and promotion or support of it

Cost and coverage

Legal assistance is the only foreseeable cost.

Recent changes

Parliament passed the Human Sexual Rights and Family Values Bill again on 29 May 2026 after the earlier text lapsed with the 2024 dissolution; the President said in June 2026 that it would first be examined by the attorney general.

Worth knowing

The bill is not law until assented to and gazetted: check the current position before relying on any description of Ghanaian law, including this one.

Frequently asked questions

Is the wider bill in force?

Not at the time of writing. Parliament passed it on 29 May 2026 and the President indicated in June 2026 that it would be examined by his legal advisers before any further step. Until it is assented to and gazetted, the existing misdemeanour provision is the applicable law.

What would change if it were signed?

It would criminalise identifying as LGBTQ, with up to three years, and the promotion, sponsorship or support of such activities, with up to ten — extending liability well beyond conduct to speech, funding and association.

The general article: Same-sex marriage · Compare with another country

Religious ceremony

Ghana's Marriages Act provides for Ordinance marriage, celebrated in a licensed place of worship or a registrar's office after notice; customary marriage, registered with the district assembly; and Mohammedan marriage, registered under its own part of the Act. An Ordinance marriage is strictly monogamous, and contracting another marriage during it is bigamy.

Key points

Ordinance marriageLicensed place of worship or registrar's office, after notice
Customary marriageRegistered with the district assembly by statutory declaration
Mohammedan marriageRegistered under a separate part of the Act
MonogamyOrdinance marriage is monogamous; customary marriage is potentially polygamous
SuccessionThe Intestate Succession Act applies to all marriage types
RegistrationEssential evidence for inheritance, visas and pensions
Licensed place of worshipRequired for an Ordinance marriage in a church
District assemblyRegisters customary marriages by statutory declaration
Mohammedan marriagesRegistered under their own part of the Act

In practice

  • Register a customary marriage while the witnesses to the ceremony are available.

Where to go

  • District assembly registry for customary marriages.
  • Legal Aid Commission and FIDA Ghana.

Worth knowing

Register the marriage by statutory declaration while the witnesses to the ceremony are still available. Registration is inexpensive and prevents most inheritance disputes. Unregistered customary marriages are valid but very difficult to prove.

The general article: Religious ceremony · Compare with another country

Wedding customs and ceremonies

It begins with the knocking — kokooko — where the man's family arrives with drinks and schnapps to ask permission to approach. The traditional engagement that follows is, in most families, the marriage that counts: the bride price is presented, the families exchange lists, and the couple wears kente.

In Ghana the customary marriage is the marriage: the knocking ceremony, in which the man's family arrives with drinks to ask formally for the daughter, is followed by the engagement, a full ceremony with a list of items presented to the bride's family. Many couples treat that engagement as the wedding and add a white wedding afterwards. Kente cloth, woven in patterns with names and meanings, is worn for the traditional events.

Key points

KnockingFirst formal visit, with drinks, to ask permission
EngagementThe traditional marriage, with presentation of the bride price
KenteWoven cloth worn for the traditional ceremony
ListsEach family presents a list of items to be provided
White weddingChurch ceremony, often a separate day
Customary marriageRecognised; registration is advisable
DrinksSchnapps is customary at the knocking

In practice

  • The knocking is not a formality: refusal at this stage ends the matter.
  • Kente patterns carry meaning; families choose them deliberately.
  • Register the customary marriage to secure its effects.
  • The lists are negotiated, and it is normal to discuss them.

What it costs

The engagement list — cloth, jewellery, drinks, a Bible, a symbolic bride price — typically runs to several thousand cedis, and the reception costs more. Kente for the couple is a significant item in itself.

Recent changes

District assemblies have standardised registration of customary marriages and the issuing of certificates, which has eased recognition of Ghanaian marriages abroad.

Frequently asked questions

What is the knocking ceremony?

A small preliminary visit at which the man's family arrives with drinks and formally asks permission to marry the daughter. Literally, they knock. If it is accepted, the family provides a list of items for the engagement. It is short, but skipping it would be a serious breach.

Does the customary marriage need registering?

It should be registered with the metropolitan or district assembly to obtain a certificate, and that certificate is what you will need for immigration or any purpose abroad. The marriage is valid without registration, but you will be asked for the paper.

The general article: Wedding customs and ceremonies · Compare with another country

Matrimonial property and inheritance

Courts divide jointly acquired property equitably, and PNDC Law 111 gives the surviving spouse and children defined shares of an estate.

Courts apply an equitable jointly acquired property approach on divorce, recognising non-financial contribution. On intestacy, PNDC Law 111 gives the surviving spouse and children defined shares of the estate, including the matrimonial home and household chattels.

Key points

DivorceEquitable division of jointly acquired property
Non-financial contributionRecognised by the courts
IntestacyPNDC Law 111 gives spouse and children defined shares, including the house and chattels
Customary successionModified by statute in favour of the nuclear family
WillsPermitted; the Wills Act allows dependants to apply for provision
Estate taxNone

The general article: Matrimonial property and inheritance · Compare with another country

Divorce

Under the Matrimonial Causes Act 1971 the sole ground is breakdown beyond reconciliation, and the courts divide jointly acquired property equitably.

Divorce is governed by the Matrimonial Causes Act 1971, under which the sole ground is that the marriage has broken down beyond reconciliation. Customary marriages are dissolved according to custom, and the courts have developed an equitable approach to jointly acquired property.

Key points

GroundBreakdown beyond reconciliation, evidenced by specified facts
Two-year barPetitions generally not before two years of marriage
PropertyCourts apply an equitable jointly-acquired-property approach
Customary divorcePerformed according to custom, with family involvement
MaintenanceFinancial provision and settlement of property available
Sole groundBreakdown beyond reconciliation, proved by one of several facts
Two-year barPetitions within two years of the marriage require leave
Substantial contributionThe courts have moved towards equality in matrimonial property
Customary divorceEffected by the families, with formal steps that should be documented

In practice

  • Document a customary divorce in writing with the families present, and register it.
  • Keep evidence of contribution to any property acquired during the marriage.

Worth knowing

Ghanaian courts now lean towards equal sharing of property acquired during the marriage, whichever spouse paid. Older advice to the contrary is out of date.

The general article: Divorce · Compare with another country

General sources

Page checked in September 2026. The instruments cited can change: if in doubt, confirm with the official source given.

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