When a Ghanaian says “we did our wedding”, it is worth asking which one. A couple can be fully married under customary law after the engagement, marry again in church a month later, and still describe the second event as “the wedding”. Both are valid marriages, but they are not the same thing in law. Understanding the difference matters for property, inheritance, travel documents and, if it comes to it, divorce.
The law: one Act, three kinds of marriage
Marriage in Ghana is governed by the Marriages Act, often cited as Cap 127, which brings together older laws dating back to the colonial era. The Act is divided into three parts, each covering a different kind of marriage: customary marriage, Islamic marriage (called Mohammedan marriage in the Act) and ordinance marriage.
The key difference is that customary and Islamic marriages may be polygamous, while an ordinance marriage is strictly monogamous. A man married under the ordinance cannot lawfully marry another woman while that marriage lasts.
Customary marriage: the engagement is the wedding
A customary marriage is contracted between two families according to the customs of the people involved. In practice, this is the traditional engagement: the knocking, the presentation of the items on the list, the acceptance of the drinks and the consent of the bride and her family. Once those rites are performed, the couple are married.
The ceremony differs between ethnic groups. Akan, Ewe, Ga, Dagomba, Frafra and other traditions each have their own items, rituals and elders’ roles. What they share is that the marriage is between families as much as between two people.
A customary marriage is valid whether or not it is registered. Couples can register it with the registrar at their local assembly, and many choose to, because a registered marriage is easier to prove when applying for visas, claiming benefits or settling an estate.
Ordinance marriage: church or registry
An ordinance marriage is what most people think of as a Western wedding. It takes place in a church licensed to celebrate marriages, or at the office of a registrar, after the couple have given notice and the notice has been published for the required period. The couple exchange vows before a licensed minister or registrar and two witnesses, and receive a marriage certificate.
Many couples who are already married under custom go on to have an ordinance marriage, usually as a white wedding in church. Doing so converts the marriage into a monogamous one, with the legal consequences that come with it. Couples who do not want a large church wedding can choose a smaller registry or court wedding instead.
Islamic marriage
Muslim couples in Ghana marry according to Islamic rites, which include the consent of the bride’s guardian, the agreement of the couple and the payment of the sadaki, or dowry, in front of witnesses. The ceremony is usually led by an imam and often held at the bride’s family home or a mosque.
The Act provides for the registration of Islamic marriages, and couples are advised to register to make their marriage easy to prove. Registration is done through the relevant authorities, and an imam or local Muslim leader can explain the process.
Why many couples do more than one
The common Ghanaian pattern of a traditional engagement followed by a church wedding is a combination of customary and ordinance marriage. Families value the customary rites; churches, banks, embassies and employers often ask for a marriage certificate. Doing both satisfies everyone.
Before your wedding, decide which type of marriage you are entering and what it means for you. Talk to your pastor, imam or a lawyer if you have questions about property or inheritance. A wedding lasts a day; the legal form of the marriage lasts much longer, and it is better chosen deliberately than by default.
