Many Ghanaian couples think they get married at the white wedding. Under the law, a lot of them were already married at the traditional ceremony weeks earlier.
Ghana’s Marriages Act, 1884-1985, known as Cap 127, recognises three forms of marriage: customary marriage, marriage of Mohammedans (Muslims), and marriage under the Ordinance. Each is a valid legal marriage, and each has its own rules.
Customary marriage
A customary marriage is concluded according to the customs of the families involved, usually through the knocking and engagement ceremonies, the presentation of drinks and items, and the payment of the bride price. Once the customary requirements are met and the families consent, the couple is married.
Customary marriages can be registered with the Metropolitan, Municipal or District Assembly under the registration law passed in 1985. Registration gives the couple a certificate and makes the marriage easier to prove, which matters for things such as inheritance, visas and pensions. Under customary law, the marriage is potentially polygamous, meaning the law does not by itself restrict the man to one wife.
Marriage of Mohammedans
Muslim couples can marry under Islamic rites. The law requires the marriage to be registered with a registrar of Mohammedan marriages, and the registrar must be notified in advance. If the marriage does not take place within a week of that notice, it is not valid under the Act. As with customary marriage, this form allows for more than one wife in line with Islamic law.
Ordinance marriage
An Ordinance marriage is the church or registry wedding, which many people call the “white wedding”. It is strictly monogamous. A person in an Ordinance marriage cannot legally marry anyone else while it lasts, and taking another spouse is a criminal offence.
The process starts with a notice of intention to marry, filed with the registrar, which is displayed publicly for 21 days so that anyone with a legal objection can raise it. A special licence can shorten the waiting period. The wedding is then conducted by a licensed minister in a licensed place of worship, or by a registrar, and a certificate is issued.
Converting a customary marriage
Many couples who are already married under custom later hold a church wedding. The law allows a couple married under customary law to convert their marriage into an Ordinance marriage with each other. What it does not allow is for a man who is still in a customary marriage with one woman to contract an Ordinance marriage with a different woman. Ghanaian courts have held that such a second marriage is void.
Why the difference matters
The type of marriage affects what happens if the relationship ends or one spouse dies. It shapes how divorce is handled, whether a spouse can marry again, and how property and inheritance claims are decided. Couples planning a wedding are wise to decide early which form they want and to keep proof, whether a registration certificate for a customary marriage or the certificate from an Ordinance wedding.
The white gown gets the photographs. The legal question is often settled earlier, at a family gathering over a bottle of schnapps.
This article is general information, not legal advice. For your own situation, speak to a lawyer or your local Assembly’s marriage registry.
