The legal framework
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 marriage | Licensed place of worship or registrar's office, after notice |
|---|---|
| Customary marriage | Registered with the district assembly by statutory declaration |
| Mohammedan marriage | Registered under a separate part of the Act |
| Monogamy | Ordinance marriage is monogamous; customary marriage is potentially polygamous |
| Succession | The Intestate Succession Act applies to all marriage types |
| Registration | Essential evidence for inheritance, visas and pensions |
| Licensed place of worship | Required for an Ordinance marriage in a church |
| District assembly | Registers customary marriages by statutory declaration |
| Mohammedan marriages | Registered under their own part of the Act |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Register a customary marriage while the witnesses to the ceremony are available.
Where to go
- District assembly registry for customary marriages.
- Registrar-General's Department.
- Legal Aid Commission and FIDA Ghana.
Worth knowing
Customary marriages are valid without registration but very hard to prove later. 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.
Official sources and links
- Ghana.gov — official government portal
