MARRIED BUT NOT MARRIED
A conversation with a young man during a Bolt ride jolted my mind once again to the reality that many people lack a clear understanding of the legal processes of marriage in the Ghanaian jurisdiction. I will attempt to simplify and clarify these concepts to make them more understandable and relatable with very little legalese.
- Cohabitation is Not Marriage
Some people believe that living together constitutes marriage. Some even have children together without any legal recognition of their union. Legally, cohabitation does not equate to marriage, regardless of how long it lasts or how established the relationship appears. Without a formal legal process, such a union does not grant the rights and protections of marriage. Bills which sought to protect persons living in a co-habitation arrangement and who have held themselves out to the public as spouses for more than five years, did not see the light of day.
- Customary Marriage is Legally Recognized
Customary marriage is a valid form of marriage in Ghana. This involves the families of the couple meeting and performing ceremonies that signify the acceptance of the bride into the groom’s family, and vice versa. Typically, drinks or cows depending on the part of the country we are speaking of, are presented by the groom’s family and accepted by the bride’s family, symbolizing consent and acceptance of the marriage.
It should be noted that “Knocking”, one of the first processes in customary marriage in some tribes is not marriage in its self. It must culminate in a marriage ceremony. It is a way of showing that there is an intention to get married, this intention may be fulfilled or not.
Key points about customary marriage:
- Legal Recognition: Customary marriage grants the spouses legal rights, including inheritance rights.
- Polygyny: Customary marriage permits a man (but not a woman) to marry multiple wives.
- Divorce: Just as drinks symbolize the initiation of marriage, they can also signify its dissolution if the spouses decide to separate. Customary marriages can also be dissolved in a court of law because they are legally recognized.
- Title: A woman married under customary law is entitled to use the title “Mrs.” just like in any other form of marriage.
- Ordinance/Civil Marriage
Ordinance marriage is another form of legal marriage in Ghana, and it comes in some forms:
- Marriage under Registrar’s certificate: This can be conducted at the Marriage Registry of the District, Municipal, Metropolitan or city council’s offices or the marriage registry of the Registrar Generals’ department and has strict guidelines that must be followed. This celebration is secular and not a religious marriage.
- Marriage under Marriage Officer’s certificate: This is usually marriage celebrated in the church officiated by a gazetted Marriage Officer (e.g., a priest). For such a marriage to be valid:
- The premises must be gazetted.
- The ceremony must occur between the hours of eight(8) O’clock in the morning and six (6) O’clock in the evening.
- The banns of marriage must be published in advance.
- There must be at least two witnesses present.
It is important to note that a church “blessing” does not automatically mean an ordinance marriage. All requirements for gazetting, timing, banns must be met.
Key features of ordinance marriage:
- Monogamy: It is strictly monogamous. Marrying another spouse while still married is a crime (bigamy).
- Marrying in another jurisdiction to gain citizenship or similar benefits while already married still constitutes bigamy even if your spouse agrees with you.
- Exotic locations for marriages
There is a growing trend to have weddings in exotic locations such as gardens or beaches. For such weddings to be legally binding under Ghanaian law:
- A Marriage Registrar must officiate the marriage, with a license authorizing the celebration of the marriage between the parties named in the license by the registrar.
- Alternatively, the location must be gazetted, and the officiating officer must be a gazetted Marriage Officer( for example , if the church premises has beautiful gardens for such events).
- Mohammedan Marriage
For individuals of the Muslim faith, Mohammedan marriages are legally recognized. This type marriage:
- Allow for polygyny, in accordance with Islamic traditions.
- Must be officiated by a registered Muslim Imam and appropriately registered, at the marriage registry in the district where the marriage was conducted.
SO, ARE YOU MARRIED OR NOT?
After reading this, you should be able to assess whether your union is legally recognized as a marriage in Ghana. If it is not, take the necessary steps to legalize it. Customary marriage is often a straightforward process that can still be completed, even if a couple has lived together for years. However, it is important to understand that customary and ordinance marriages are distinct, and one does not automatically lead to the other.
You may also choose to marry under ordinance law without undergoing any customary processes. However, given Ghana’s strong connection to extended family and traditions, skipping customary processes might be perceived as a societal rebellion. Ultimately, it is essential to understand the legal requirements and implications of the various forms of marriage to make informed decisions.
References
The Law on Family relations in Ghana, William Cornelius Ekow Daniels,2019
https://www.abcma.gov.gh/assets/documents/CHRISTIAN%20OR%20CIVIL%20MARRIAGE.pdf.
Please note, this article does not constitute legal advice and is only for educational purposes .