Many Ghanaian couples hold a traditional marriage ceremony, the knocking, the drinks, the list of items, and consider themselves fully married. Legally, they may be right. But without registration, proving the marriage later can be difficult.
Three forms of marriage
Ghanaian law recognises three main forms of marriage: customary marriage, marriage under the Marriages Act (often called Ordinance marriage), and Islamic marriage. A customary marriage, performed according to the customs of the families, is valid in law.
The registration law
The Customary Marriage and Divorce (Registration) Law of 1985, known as PNDC Law 112, provides for the registration of customary marriages. Couples can register at the office of the district, municipal or metropolitan assembly where they live or where the marriage took place.
Why register?
Proof. A registration certificate is clear evidence that the marriage exists. Without it, a spouse may need witnesses from both families to prove the marriage.
Inheritance. If one spouse dies without a will, the surviving spouse may need to prove the marriage to claim rights under Ghana’s inheritance laws. Registration makes this easier.
Visas and immigration. Embassies often ask for a marriage certificate when a spouse applies to join a partner abroad.
Legal disputes. In cases of separation or property disputes, a registered marriage simplifies the process.
What you need
Registration usually requires both spouses, representatives of both families who witnessed the marriage, and identification such as the Ghana Card. The registration officer records the details and issues a certificate. Requirements can vary, so check with your local assembly.
Converting to an Ordinance marriage
Some couples who married customarily later have a church wedding under the Marriages Act. This changes the marriage into a monogamous Ordinance marriage with its own legal consequences.
Monogamy and polygamy
Customary marriage in Ghana can be potentially polygamous, while Ordinance marriage is monogamous. Couples should understand the legal implications of the form they choose.
Divorce
PNDC Law 112 also provides for the registration of customary divorces. A registered divorce gives both parties a clear record that the marriage has ended, which matters for remarriage and property.
Legal advice
For questions about property, inheritance or foreign recognition, consult a lawyer.
The families have celebrated, the drinks have been poured and the elders have given their blessing. A trip to the assembly office makes sure the law remembers it too.
