Marriage remains one of the most significant social institutions in Ghana, deeply rooted in culture, religion, and law.
Over the years, two major forms of legally recognised marriages have become dominant in Ghanaian society: customary marriage and ordinance marriage.
While both are valid under Ghanaian law, they differ in their procedures, cultural significance, and legal implications. Understanding these differences helps couples make informed choices that align with their values, faith, and long-term goals.
What Is a Customary Marriage?
A Customary Marriage in Ghana is a traditional union conducted according to the customs and traditions of the families involved. It represents the indigenous form of marriage that has existed for centuries before colonial influence. This type of marriage is recognized under the Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112).
In most Ghanaian communities, the process involves the payment of bride price (locally called dowry), presentation of drinks, and performance of cultural rites that signify the union between the two families. Families play a central role in the process, and the ceremony serves as a public declaration of the marriage within the community.
Customary marriages allow polygamy meaning a man can marry more than one woman as long as it aligns with the customs of the family and the consent of all parties is observed. It is also important to note that customary marriages can be registered legally to provide formal recognition and protection under Ghanaian law.
Understanding Ordinance Marriage
An Ordinance Marriage, on the other hand, is governed by the Marriage Ordinance, Cap 127. It is a monogamous marriage, meaning one man is married to only one woman for life, and neither can contract another marriage while the first one subsists. Ordinance marriages are usually conducted in churches licensed to perform such ceremonies or at the Registrar of Marriages office.
The process involves filing a notice of marriage at the registrar’s office, publication of banns (usually for 21 days), and finally, the solemnization of the marriage. After the ceremony, a marriage certificate is issued, which serves as legal proof of the union. This certificate carries significant legal weight, particularly in matters of inheritance, divorce, and child custody.
Key Differences Between Customary and Ordinance Marriages
The most notable difference between the two lies in their nature. Customary marriages can be polygamous, while Ordinance marriages are strictly monogamous. Another key difference is in the registration and legal documentation. While customary marriages may exist without formal registration (though registration is encouraged), ordinance marriages must be registered for legal recognition.
Inheritance rights and property ownership also differ. Under ordinance marriage, the spouse is automatically recognized as a legal heir, ensuring protection of property rights. However, under customary marriage, inheritance may be influenced by family customs and traditional practices, which sometimes favor extended family members over the spouse.
Religious and Cultural Considerations
Religion also plays a significant role in determining which type of marriage couples choose. Many Christian and Muslim couples prefer ordinance marriages due to their alignment with religious teachings on monogamy. Others, especially in traditional settings, uphold customary marriage because it honors ancestral customs and emphasizes family involvement.
Dr. Ernest Owusu, a legal and cultural expert at the University of Ghana, explained, “Customary marriage is more than a union between two individuals; it’s a union between families. Ordinance marriage, while legally protective, tends to focus more on the couple’s personal relationship rather than extended family involvement.”
Legal Protection and Modern Trends
In recent years, many young couples have chosen ordinance marriages due to the legal clarity they provide. Ordinance marriage certificates are recognized internationally, making them suitable for visa applications, joint property ownership, and legal proceedings.
However, others still prefer customary marriages for their rich cultural symbolism and family unity. In some cases, couples perform both first the customary rites to satisfy traditional requirements, followed by the ordinance marriage for legal protection.
Lawyer Abena Boateng of the Ghana Bar Association advised, “Couples should understand the long-term implications before choosing a marriage type. While both are legal, the ordinance marriage provides stronger legal protection, especially in matters of inheritance and divorce.”
Whether one chooses a customary or ordinance marriage in Ghana depends on personal beliefs, cultural background, and legal priorities. Both types of marriage are recognized by the state, but they carry different rights and obligations. As Ghana continues to modernize, the balance between preserving cultural traditions and adhering to legal frameworks remains vital.
For couples planning to marry, it is essential to seek legal advice and understand the implications of each type of marriage before making a decision. Ultimately, the goal is not just to fulfill legal or traditional obligations but to build a lasting and meaningful union based on mutual respect, love, and understanding