Traditional marriage in Ghana: Customary marriages, registration and what the law says

Marriage is an important part of Ghanaian society, and it holds a special place in the hearts of Ghanaians. It is seen as a big milestone in life. Traditional marriage in Ghana is not just about two individuals coming together, but it is also about the joining of two families. The wedding ceremony in Ghana is a big and special event that includes many customs, traditions, and rituals. These customs and traditions can vary depending on the ethnic group and the region of Ghana where the wedding takes place.

Types of marriages in Ghana

In Ghana, there are three main types of marriages, and they are classified based on the customs and traditions followed by the people. Each type has its own unique characteristics. Here are the three types of marriages in Ghana:

• Customary marriage in Ghana (Traditional marriage in Ghana)
• Civil or ordinance marriage in Ghana (Court marriage in Ghana)
• Islamic marriage in Ghana

Customary marriage which is traditional marriage in Ghana

Customary marriage in Ghana is a special type of marriage that holds both cultural significance and legal recognition under Ghana's laws. It is a traditional form of union conducted in accordance with the customs and traditions of the couple's ethnic group or community.

Cultural significance for customary marriage

• Customary marriage is deeply rooted in Ghanaian culture and reflects the customs and traditions of the couple's ethnic group or community.
• The families of the bride and groom typically play a significant role in arranging the marriage.

Ceremonial practices

• The marriage ceremony may vary based on the customs of the community but often involves the exchange of gifts, payment of a bride price, and other customary practices.
• Both the bride and groom are usually required to belong to the same ethnic group or community.

Monogamy and polygamy

• Customary marriage can be either monogamous or polygamous, depending on the customs and traditions of the community.
• In a polygamous customary marriage, a man can marry multiple wives but must meet specific requirements, such as obtaining consent from existing wives and ensuring equal provisions for all wives and their children.

Legal recognition and rights

• The Customary Marriage and Divorce Registration Law provides legal recognition to couples entering into customary marriages.
• Couples have the option to register their marriage with the appropriate authorities, which grants them legal proof of their union.
• The law also addresses issues related to inheritance, property rights, and divorce within customary marriages.

Article 11 (3) of Ghana's 1992 Constitution of Ghana defines Customary Law (traditional marriage in Ghana) as "rules of law which are by custom applicable to particular communities in Ghana."

In Ghana, when two families come together for a customary marriage, it's not just about the man and woman getting married; it's about the families joining together as well.

A famous court case Yaotey v. Quaye helped explain the important requirements for a customary marriage to be valid. The court said that there are two essential things that need to happen:

1. The man and woman must agree to live together as husband and wife. This means they both want to be married and start a family together.
2. The families of the man and the woman must give their consent to the marriage. This consent can be shown in different ways, like when the families acknowledge the couple as husband and wife or accept gifts from the man's family.

These requirements have been recognized for a long time in Ghana. When a man wants to marry a woman, he asks her family for permission. If the family agrees, they exchange gifts, and that's enough to make the marriage official.

Part of Fanti Customary Laws, a book written in 1904 reads:

"...when a man desires to marry a woman, he goes personally or sends someone to her parents or family for her hand. If his proposal is agreeable to the family and he receives their consent, the token, valuing as much as he can afford, is sent to them. That is all that is necessary to constitute the marriage tie."

Fanti Customary Laws

The involvement of families are key in traditional marriages in Ghana. Another court case, Djarbeng v. Tagoe, also confirmed that both families need to give their consent for a customary marriage. 

"Customary law requires the consent of the two families concerned to any marital relationship between a man and a woman. Where a man desires to marry a woman customarily he applies to the woman's family though his own family for their consent...The family of the woman gives their consent by accepting the gifts."

Djarbeng v. Tagoe

In simple terms, the man asks the woman's family for permission, and his own family may also be involved. The woman's family shows their consent by accepting the gifts offered.

So, in customary marriage, it's not just about two individuals getting married, but also about their families coming together. This idea has been supported by many legal experts and is an important principle in Ghana's law.

Traditional marriage in Ghana: Should both the bride and groom be present for the union to be valid?

In a court case called Re-Dickson alias Appiah (Deceased); Aboagye and Another v. Quayson and Another, the issue of whether someone needs to be present in a customary marriage was discussed. The judge looked at different sources and came to a conclusion.

The judge said that the important question to answer was whether it was necessary for the groom (the man) to be physically present at the marriage ceremony to make the marriage valid. After studying the evidence, the judge said that it has never been a requirement. In simpler words, it means that the man doesn't have to be there for the marriage to be considered valid.

"The only question to answer here is, is it necessary that the groom should be present before the marriage is validated? From the ongoing I hold that it has never been, and it is no essential requirement that a Fanti marrying a non-Fanti woman should of necessity be present at the marriage ceremony before his marriage to the non-Fanti would be valid."

Re-Dickson alias Appiah (Deceased); Aboagye and Another v. Quayson and Another [1989-90] 1 GLR 147 HC

For traditional marriages in Ghana, it's understood that the marriage is between two families, not just the two people getting married. This means that the presence or absence of either party at the ceremony doesn't affect the validity of the marriage, as long as all the customs and procedures are followed.

So, to determine if there is a customary marriage, we look at whether the customs needed to make the marriage valid were followed. For example, there should be witnesses present at the ceremony, and the groom's family should present a dowry or bride price, which is a gift for the bride's family, and it should be accepted.

Having witnesses at a marriage ceremony is important because they can confirm that all the necessary customs and procedures required for a customary marriage were followed. This helps determine if the marriage is valid according to the customs of a particular community.

Even if someone couldn't be there in person, the marriage can still be considered valid if all the important customs were observed. Having witnesses who can vouch for the customs being followed is crucial in assessing whether a marriage was properly conducted according to the traditions. 

According to Section 31 of the Evidence Act, NRCD 323 (1975) here are a few points to note:

• A marriage which has been celebrated before witnesses is presumed to be valid.
• Subsection (1) applies whether or not that the witnesses to the marriage are called witnesses in the action.
• This action applies to both monogamous and polygamous marriage.

Traditional marriage in Ghana: Should you register your customary marriage to make it valid?

If you're planning to have a customary marriage in Ghana, there's a law called the Marriages Act, 1884-1985 (CAP 127) that governs marriages in the country. It brings together all the laws about different types of marriages.

Section 2(1) of CAP 127 states that "where a marriage is contracted under customary law, either party to the marriage or both parties may apply in writing to the registrar for the registration of the marriage in the register of marriages.

This means under this law, you have the option to register your customary marriage if you want to. However, it's important to know that registering your marriage is not mandatory. In other words, if you choose not to register your customary marriage, it doesn't mean your marriage is not valid.

According to the law, you may apply to register your marriage in writing with the registrar. But remember, the use of the word "may" means it's not compulsory. You have the freedom to decide whether or not you want to register your marriage. So, the validity of your marriage doesn't depend on registration, and not registering it doesn't take away its substance or importance.

It's good to know that there's been a change in the law. Previously, under PNDCL 112, it was mandatory to register customary marriages. However, now, under PNDCL 263, which amended the previous law, it's no longer compulsory. The use of "may" in the law means you have a choice.

Another thing to keep in mind is that there's no time limit for registering your marriage. You can choose to register it at any time after your marriage. You have the freedom to do it whenever it feels right for you.

Traditional marriage in Ghana: Requirement for registering your customary marriage in Ghana

The Marriages Act, 1884-1985, CAP 127 rules the requirement for customary marriages in Ghana. Sections 1, 2, 3, and 4 of the Act provides details on the requirement for the registration of customary marriages in Ghana.

Key information in section 1 states that, on the commencement of this Act, a marriage contracted under customary law before or after the commencement may be registered in accordance with this Act.

Section 2 of the Marriages Act, 1884-1985, CAP 127 highlights how the application for registering your tradiitonal marriage in Ghana is done. Here's are the key points:

1. Where a marriage is contracted under customary law, either party to the marriage or both parties may apply in writing to the registrar of the district in which the marriage was contracted for the registration of the marriage in the register of marriages.
2. The application for the registration of the marriage may be made at any time after the marriage, but the Minister responsible for Justice may at any time prescribe the periods within which the failure to register a customary marriage contracted before or after the commencement of this Act shall be an offence.
3. The form of the register shall be as set out in the First Schedule.

In section 3, a party or both parties to the marriage if they so wish to register their marriage, are required to attach a statutory declaration to their application for registration of the marriage. Section 3 emphatically stats:

1. A statutory declaration shall be attached to the application for registration of the marriage stating,

a. The names of the parties to the marriage

b. The places of residence of the parties at the time of the marriage

c. That the conditions essential to the validity of the marriage in accordance with the applicable customary law have been complied with.

The word "shall" is used because it is mandatory to attach these statutory declarations if a party or both parties wish to register their customary marriage.

Per the laws governing customary marriages, statutory declarations should be supported, and Section 3 (2) states that,

2. The statutory declaration shall be supported by

a. The parents of the spouses, or

b. The persons standing in the place of the parents living at the time of the application for registration.

Registrars to register customary marriages in Ghana have duties to perform as stated in Section 4.

Section 4 of the Marriages Act, 1884-1985, CAP 127 highlights that:

• The Registrar of the district shall, on receipt of an application for the registration of a marriage, register the marriage and shall by notice in the form set out in the Second Schedule notify the public of the registration of the marriage.
• The notice shall be displayed on a public notice board at the office of the Registrar within twenty-eight days of the application for registration.

Conclusion

In Ghana, traditional marriage which is customary marriage is simply a celebration of culture, tradition, and love. It is a union between two individuals and their families, and it plays a significant role in the social fabric of Ghanaian society. While it has its challenges, customary marriage remains an essential part of Ghanaian culture and tradition, and it is likely to continue to be so for many years to come.

Information used in this article contains some details of research by David Yaw Danquah, Esq. - Founder and Managing Partner of Legalstone Solicitors.