The legal framework
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. Whichever system applies, the decisive practical step is registration: it determines what can be proved later about property, inheritance and children.
Key points
| Age | 18 under the Children's Act |
|---|---|
| Polygamy | Customary and Islamic marriages may be polygamous; a marriage under the Ordinance is monogamous. |
| Ordinance marriage | Monogamous, registered, with full statutory consequences |
| Customary marriage | Celebrated by the families; registration is advisable and increasingly common |
| Same-sex marriage | Not recognised; same-sex conduct is criminalised |
| Three regimes | Ordinance, customary and Mohammedan marriages, each separately registered |
| Licensed place of worship | Required for an Ordinance marriage celebrated in a church |
| Statutory declaration | Used to register a customary marriage at the district assembly |
| Monogamy | Ordinance marriage is strictly monogamous |
In practice
- Establish which marriage system applies to you — it determines everything that follows.
- Register the marriage and obtain the certificate; customary and religious ceremonies often go unregistered.
- Where property regimes can be chosen, make the choice before the ceremony, in writing.
- Keep certified copies: they are required for inheritance, pensions and children's documentation.
- 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.
Cost and coverage
Registration fees are modest; later regularisation through the courts is far more expensive.
Recent changes
The common regional trend is the consolidation of minimum ages at 18 and the promotion of registration for customary marriages.
Where to go
- National registrar of marriages or civil registration department.
- Local authorities and chiefs, where customary marriages are recorded.
- Legal aid schemes and women's rights organisations.
Worth knowing
An unregistered customary or religious marriage may be socially complete but legally invisible. Registration is what allows a surviving spouse to inherit and a separated spouse to claim. Customary marriages are valid without registration but very hard to prove later. Registration is cheap and prevents most inheritance disputes.
Official sources and links
- Ghana.gov — official government portal