The Different Types of Marriage under Ghanaian Law

 

After searching the length and breadth of the world, you eventually find your soulmate, your proverbial missing rib. Together, you decide to commit to spending the rest of your lives on earth in wedlock, and let us say you are ordinarily resident in Ghana or either of the couple is Ghanaian and your desire is to be married under Ghanaian law, these are the three (3) options available to you specifically under the Marriages Act, 1884-1985, CAP. 127:

• Customary Marriages under Part 1 of the Marriages Act, 1884-1985 CAP. 127

• Marriage of Mohammedans under Part 2

• Marriage under Part 3 of the Marriages Act 

1. CUSTOMARY MARRIAGES [Part 1 of the Marriages Act, 1884-1985]

According to the law, this type of marriage is performed according to the customary law dictates of the husband-to-be and his wife-to-be.

This type of marriage is a validly contracted marriage in the eyes of the law, and one does not necessarily need to convert this marriage to any of the marriages mentioned under Part 3 of the Marriages Act. After the necessary rites have been performed according to the applicable customary law, the man and woman are officially called “husband” and “wife”.

According to the Marriages Act, 1884-1985, the prevailing law governing the contracting of marriages in Ghana, this form of marriage may (does not impose an obligation) be registered in the district where the marriage ceremony took place under custom.  

However, it should be noted that parties who choose to register their Customary marriage under this Act, will equally be required to register a dissolution of their customary marriage (Section 6 of the Marriages Act), except where the dissolution of the marriage is done in accordance with Section 41 of the Matrimonial Causes Act, 1971 (Act 367). 

As we well know, this type of marriage has the tendency to be polygamous, so the man is allowed by law to marry more than one woman.

2. MARRIAGE OF MOHAMMEDANS [Part 2 of the Marriages Act, 1884-1985]

The name alone connotes an idea that this type of marriage is contracted in line with Islamic beliefs and law (Mohammedan law).  

 Unlike the Customary marriage contracted under Part 1, the requirements of the 'registration' of a marriage and 'divorce' contracted in accordance with Mohammedan law is mandatory in Ghana and will consequently serve to invalidate a marriage celebrated.

With respect to the registration of the marriage in the Mohammedan Marriage and Divorce Register by the District Chief Executive of the district, a deadline of a week is prescribed by law, whereas, in the case of the registration of divorce in the above-mentioned register a deadline of a month is prescribed by law. 

It should be noted that it is only a duly licensed Muslim priest who can declare a Mohammedan marriage valid at the time of the registration.

Without registration, a Mohammedan marriage is void in Ghana and should one of the parties to the marriage die intestate (without making a will), the surviving party will not be recognised as a “ surviving spouse” under the famous PNDCL 111.

3. CHRISTIAN AND OTHER MARRIAGES [Part 3 of the Marriages Act, 1884-1985]

Typically when asked: “What kind of marriage did you contract?” The most appropriate response will be: “I was married under Part 3 of the Marriages Act” (then you will sound like someone with a knowledge of the law on how marriages are contracted in Ghana) and not exactly: “I was married under the Ordinance,” that is, if the type of marriage you contracted falls under this Part.

Knowledge is Power; so go ahead and show off what you just learnt.

Part 3 of the Marriages Act principally deals with the monogamous idea of marriage (1 man married to 1 woman).

The performance of a marriage ceremony under Part 3 of the Marriages Act is done under the authority of: a registrar’s certificate, a marriage officer’s certificate, or a special licence from the Registrar (section 41 of the Marriages Act, 1884-1985).

If you have always dreamed of  a church wedding then you will most likely be marrying under the authority of the Marriage Officer’s certificate.

However, if your dream is to have a beachfront wedding,

or in  a garden  or an event centre (the list of possible venues is endless!) then you will need to apply for a special licence from the Registrar and the venue of your marriage must be expressly stated on this licence.

Now, the ball is in your court, you are in a better position to choose which type of marriage you would prefer under Ghanaian law. Please choose wisely!

To the males, I simply wish to say: “Know thyself!” Before you decide to tie the Knot and marry the woman of your dreams, reflect carefully among the three (3) options under the law which one you wish to be bound by.  If you are a one (1) woman kind of guy, then Part 3 will work perfectly for you; however if you believe you cannot commit to only one woman for the rest of forever on this earth, you have two options, Choose wisely!!