Traveling soon and need some advice. as husband and wife for a continuous period of at least two years This sometimes involves returning drinks and/or gifts presented to the brides family. Below, we explain the three main types of marriage in Ghana. Under Act 367, adultery is defined as the voluntary sexual If proof of your consent is what the officer wants, he/she should just demand that. Any individual who proceeds with any other form of marriage to another partner, without properly dissolving previous ones, has committed bigamy, a misdemeanor crime punishable by law. Polygamous marriages are illegal under civil law, though are arguably considered to be legal under customary law . We made a decision to get married under the ordinance.and do the marriage ceremony after school and we both working. good afternoon. Please my question is, am I at liberty to marry without going through any any long divorce process since someone has come to ask for my hand in marriage. Polygamy is illegal in Ghana, but the restrictions are not heavily enforced. This plateform u have created is very good. They are set out in a decision the Appeal Court of Ghana in Nyaasemhwe v Afibiysan reported [1977] 1 GLR 27 at p 32. In practice, almost all couples marry in a traditional ceremony recognizing the new bond between the two families. certificate, is there the need to go to court again? not be unreasonably withheld, and where the Court is satisfied that So just go on and do it. " the Respondent has deserted the Petitioner We wish to do a small wedding at home and get it registered at the court. Alternatively, the partners may present the registrars certificate to a registered chaplain to officiate the marriage ceremony at a registered place of marriage. must be at least partial penetration. So instead of us coming to the office the registrar will be at the ceremony to perform the rites. May I know if it is permissible to deregister ordinance marriage to roll it back to customary marriage, if so, what is the procedure to be followed? This is where the Registrar Generals Office, MMDA waives certain conditions for an Ordinance such as the length of time for notices or permits a venue (other than the Registrar Generals Office, MMDA or church) to be used for the performance of the marriage.The dissolution of such marriage requires the appropriate legal procedure, whether or not customary divorce has been performed. If possible But if after after asking her over and over again she says she like how you do it, then you just have to believe her when she says so . Disadvantages: can't think of any. satisfy itself that consent to divorce has been given by the This is one of the major issues faced by people going for inter-caste marriages. 43 of Act 367 subject to the Chief Justice's power to transfer I will suggest you verify your marriage certificate from the church is registered in Court. Search your local courthouse website to find out the fee in your jurisdiction. Thanks for the info above very helpful. Once you have gathered all the necessary paperwork and money, you and your partner can apply for a marriage license by visiting your local court. POPULAR ARTICLES ON: Family and Matrimonial from Ghana. 1. Re: What Are The Advantages And Disadvantages Of Court Marriage by CarrotAndStick: 7:57pm On Dec 11, 2016. erico2k2: you are l iving in teh dark ages still. Pls who should I see or go?Can u help me with an agency? I have a question, do you need witness for the ceremony? As compared to traditional weddings, there are no expensive rituals like sangeet ceremony, mehendi, henna, etc. What is the difference btween the marriage registered in AMA and the court one. We are preparing to have an engagement ceremony very soon . Yes, you can have it that way. 2.If you are Christian and the lady is Muslim, her parents agreed and have done all that they need from you as their tradition demand.After that can you register the marriage. But, there is an exception where the two partners are already married to each other in a customary marriage. Yes, witnesses are essentially part of the marriage procedures. George, so that means if am not present at the ceremony can someone represent me in Ghana to many her? First, this form of marriage is made between a man and a woman only. Our daughter that is 18 ran away from home and married a 23 year old Ghanian man against our wishes. The fee will be paid in person to a local clerk. Does this answer your question satisfactorily? Islamic/Mohammedan Marriage is performed according to the the religious requirements of Islam. #Anything happens to you,your wife and kids are protected. Section 4 of Act 367 provides that for the purposes of section What should I do now please I need your advice. Mondaq uses cookies on this website. provides that, for the purposes of section 2 (1) (d) and (i) in Only a certified or gazetted official is supposed to issue the certificate otherwise it is invalid. I am a non-Ghanian citizen marrying a Ghanaian who lives in Kumasi but when I come for us to marry, I will be in Accra. Good morning sir, Id like to ask you some few questions regarding marriage in Ghana. Case law the marriage ceremony is performed by a licensed Islamic priest, just as in the case of marriage by a Marriage Officer (explained in Ordinance Marriage section below). Thank you. But it favors the woman more. 2. At the time of the divorce, either party to the marriage was; . These figures were . . Can u recommend a good lawyer though? I married in Ghana 4/2018 under ordinance but my license says customary. So one may choose to have a court marriage before or after a customary marriage. Because it is believed in Nigeria, that the chances for a man to cheat on his wife is very high. Zenas Chambers, ChimwaMurombe Legal Practice. Can you pls text me your number. Parties to a case who are unhappy with the outcome can appeal to a magistrate's court, and then to the High Court. This is governed by Marriages Act (Cap 127) and is the only, strictly monogamous legal means of marriage in Ghana. You must have your marriage ceremony within the timelines given under the law. You can build wealth together. " the parties to the marriage have not lived However, at least, one of the parties to the marriage (or one of the partners) must be living in Ghana for some number of days (about 1 month), to obtain a Registrars Certificate. First, this form of marriage is made between a man and a woman only. Do I have to be present when my fianc files for the notice of marriage? Please can someone have the court wedding before the traditional marriage? 1. On February 7, 2023, the United States Court of Appeals for the Fourth Circuit in Adjei v. Mayorkas held that the Commonwealth of Virginia would recognize a valid divorce granted by a foreign nation to its own citizens, even though neither citizen was domiciled in the foreign nation at the time of the divorce. Section 1(i) of Act 367 states the ground for the commencement Our purpose is to help couples make choices from a collection of vendors with just a click. These processes allow you to identify the strengths and weaknesses of both your own case as well as the opposing party's . who starts the proceedings must be able to provide evidence to the this year soon were traveld to ghana. Can I have a court marriage and obtain the marriage certificate and after sometime have a church wedding at the Catholic Church with the same lady and have another marriage certificate? preceding the presentation of the Petition to qualify as a ground action under section 40 of Act 367. It criminalizes "unnatural carnal knowledge" in section 104 (1) (b) of its Criminal Offences . . Necessary in many cultures. Please can ordinance marriage be done before traditional marriage? Regardless, both the bride and grooms consent must be obtained to proceed with the customary ceremony. lived together for more than six months after one becomes aware of determining whether the period for which the parties to a marriage Thanks, Theres no special requirement for foreigners, Hello George please I sent my marriage certificate to Ghanaian consulate in Nigeria and I think they lost it can I apply for a new one that can also be certified there??. Btw I am a foreigner and my husband is Ghanaian. Uggh. Copyright 2016 - 2020 The Wedding Vendor Guide - All rights reserved. Is that possible at all? Please at what point can also couple who are married under customary marriage can they change their status to marriage under ordinance and what will be the procedure to follow? Does a registered marriage which was performed at a church and given a marriage certificate after it needs to go back to the court for a lawyer to sign to make it official or. Hes not wanting to come visit usa anytime soon if ever. Hello gorge. Drawing on in-depth interviews conducted with cohabiting couples in Accra, Ghana, this study focuses on the . presentation of a petition for divorce within two years from the Economic Benefit of Court Marriage. This position paper has been put together by Law and Development Associates (LADA) Group as part of a contract between LADA, UNICEF and Government of Ghana. What does it mean to their marriage in Ghana or mine in SA? the grant of a decree of divorce, provided that the consent shall Although largely considered an unconventional form of domestic partnership, cohabitation is a growing phenomenon in Ghana. Customary marriage is NOT precondition for ordinance marriage. How long does it take to apply and get married. divorce under the Act. Pls kindly reply, Which of the two is right if one wants to have ordinance marriage, 1. This is done by applying to the registrar of marriages in the district one lives in after the ceremony has taken place. It proves the legality of the marriage; It protects the rights of both partners. You can support each other in difficult situations in life. In a situation where parents of either party (the man or the woman) objects to the marriage, probably based on tribal lines, like parents refusing to grace or accept the marriage because of the mans or he ladys tribe, whereby the couple love themselves too, what does the law say, can they go ahead with court wedding with their own witnesses to the marriage? Doing the registration before the customary rights. I want to marry my fiancee but Im in the States and she is in Ghana. divorce. Apply for a marriage license. The following are some of the importance of registering your marriage in Ghana. Thank u George. And how do we go about it? But if that church wedding didnt meet the requirements and followed the procedures of ordinance marriage, your boyfriend may be able to marry you as you said, and may be able to register your marriage. pls need help. Therefore we wanted to go to AMA not KMA. A marriage certificate is awarded to successful marriages. From what I read above this shouldnt be a problem. You just must have the info abt him to provide. Each partner shall provide certain personal information to the registrar of marriages. You should tell them your decision. Court may grant a petition for divorce under this paragraph notwith-standing the refusal; or e) that the parties to the marriage have not lived as man and wife for a con-tinuous period of at least five years immediately preceding the presentation of the petition; or f) that the parties to the marriage have, after diligent effort, been unable to spouse, The physical act of departure by one spouse does not necessarily Any advice or help? to the Court by the Petitioner within two years from the date of However, once the appropriate procedures are followed, all three will be and are recognized and protected by law. Thoroughness. Hello George, Both parties must be present for the marriage procedure. The Ghana marriage certificate are signed by the couple and four witnesses. What documents will I need before using my husband name in processing my passport. date of the marriage on the ground of substantial hardship suffered You would be issued a payment receipt after hav. Court marriage or ordinance marriage is independent of any other form of marriage, and customary marriage is never a prerequisite for court marriage. Consent is not needed to rely on this fact. Related ArticleHow to Obtain a Marriage License / Register Your Marriage, Information for this article obtained from:KMAGraphicLandwise, Your email address will not be published. Im already married traditionally, but Ive not registered my marriage. expected to live with the the grounds as mentioned above for the dissolution of the marriage Can you leave your number please, here is my WhatsApp number 054 get in touch, hello i want to know if i can get ordinance marriage in Ghana when my wife is in Peru and am in Ghana. The Wills Act enables the High Court to make reasonable provision out of the estate for a spouse, father, mother, or child under 18 years if the High Court finds that the will does not contain reasonable provision for their maintenance, and that The principal laws relating to inheritance in Ghana are the following: Constitution of the Republic of Ghana, 1992. Advantages of Marriage. If you are dealing with a business dispute, you have several possible options. " the Respondent has behaved in a way that Marriage Is A Religious Sanction. relied on by the Petitioner and proved to the Court in support of please send the reply to the mail, thank you. If you mean you married in the customary way and blessed it in church, without filing a notice of marriage at the marriage registry at your District Assembly or the Registrar Generals Dept or the Court, and then you signed and are issued the Government Certificate of Marriage, your marriage is the customary type. For more information, read How to Obtain a Marriage License. For Adultery to be proven, there It is not necessary to register a customary marriage if one intends to proceed with marriage under the ordinance, as that is directly covered by the law. It is interesting to note that, on a petition for divorce in Only registered ones will be given any legal consideration.Dissolution of customary marriages are usually done based on the required procedure of the culture in question. Please send an answer to b_johnsonsr@msn.com ASAP so that I may avoid making a mistake! The lived experiences of cohabiting couples have, however, received little scholarly attention. In Ghana, although the legal age of marriage is 18, one can marry at 16 years old, with the consent of their parents. I am a US citizen and my husband-to-be is Ghanaian. make that spouse the deserting party. Thanks. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Hi bro George, i want to marry a lady but all her family members hate me and even hate the lady as well means she has a family but no one is talking to her but we still love each other, can we married under ordinance marriage or what can we do? Prohibition of ejection of spouses. how much does it cost to get a certificate of marriage ( ordinance marriage), Hello sir, George AgboKlu, have a great day to you, just want to ask sir, can we get our certificate of merriage for 1month? Can customary married be regarded as church? the presentation of the petition". They have told him that he can not apply until after I arrive. The wife asked the court to dissolve the marriage, give her half of the two plots of land with a house on it at Lashibi as a joint owner, an Audi car and the lump sum of GH?100,000. And how long does it take, cos we are traveling in tourist visa we dont have much time to stay to the country:) I really appreciate if u give me some info? So if you went on to contract another marriage under ordinance whiles the first one subsists, you may have committed bigamy. It creates real equality from a government perspective. Administration of Estates Act, 1961 (Act 63) The Wills Act, 1971 (Act 360) Intestate Succession Act, 1985 (PNDC Law 111) Intestate Succession Amendment law, 1991 (PNDC Law 264) cohabitation permanently to an end without the consent of the other Theres an easy way out now that youve obtained the initial registrars certificate from AMA. Is it compulsory to have witnesses and what if you want it to be secret just between the two of you. He went ahead and married her without our consent or our knowledge of the marriage. Respondent only after the Respondent has understood the Wiki User.