The 3 ways to marry in Ghana

In Ghana, marriage is not only a union between two individuals—it is a deeply cultural, religious, and of course, legal institution. Whether solemnized through ancestral rites, religious doctrine, or colonial-era legislation, each form of marriage carries its own set of customs, obligations, and legal implications.

From the vibrant traditions of the Customary system, to the faith-based structure of Islamic unions, and the formal rigour of Ordinance marriages, Ghana’s legal framework accommodates a spectrum of marital practices. Understanding these three legal forms—Customary, Islamic, and Ordinance—is essential for appreciating the intricate ways in which love, law, and culture intersect in Ghanaian society.

Customary Marriage

Customary marriage in Ghana is marriage contracted between a man and a woman, and involves performance of certain customary rights that have been handed down from earlier generations.

There are as many variations of the custom as the ethnic groups there are in Ghana. However, two things common to the various customs are: a gathering of the extended families of the couple; and payment of a bride-price to the bride’s parents.

Customary marriages are potentially polygynous: a man is permitted to have as many customary wives as he can, and there is no limit to the number of such marriages that can be legally registered under the Customary Marriage and Divorce Registration Law, 1985 (PNDCL 112).

The Islamic Marriage

Islamic marriage is the kind of marriage that is made in accordance with Islamic rules regarding marriage. Marriages made under Islamic law may be polygynous. Also, a marriage made under Islamic rules ought to be registered under the Marriages Act.

The Registrar of Mohammedan marriages and divorces must be notified within one week of the marriage, or else the marriage will be declared null and void. However the Law provides for certain actions for instances where it is impossible for all the necessary parties to attend at the Registrar’s office within a week.

The Ordinance marriage

Ordinance marriage or a marriage under the Marriage Ordinance is regulated by the Marriages Ordinance, 1884-1985, and it is strictly monogamous. One of the parties in the intended marriage must give notice of marriage to the Registrar Marriage of the district where the marriage will take place. The Registrar will publish notice of the intended marriage for twenty-one days and then issue a certificate if no objections are made against that marriage.

Then the couple must submit the registrar’s certificate to a licensed marriage officer to perform the marriage. Then couple must have the marriage performed within three months, otherwise, the Registrar’s certificate becomes invalid and a new one must be obtained.

Registering a marriage is important because it provides legal recognition and protection for both partners. It ensures that rights related to property, inheritance, social security, and spousal benefits are safeguarded. 

In the event of disputes, divorce, or the death of a spouse, a registered marriage serves as clear evidence of the union, helping to prevent legal complications. Additionally, it upholds social accountability, supports accurate record-keeping by the state, and reinforces the legitimacy of the marital relationship in the eyes of the law and society.