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What is a Customary Marriage in Ghana? A Guide for Young Couples and Foreigners

Updated: Nov 28, 2024





When it comes to tying the knot in Ghana, Customary Marriage stands out as one of the oldest and most culturally rich forms of union. But what exactly does it entail, and why is it still significant today? Whether you’re a young couple planning your big day or a foreigner curious about Ghanaian traditions, this article will walk you through the essentials of customary marriage, its legal recognition, registration process, and advantages.


What is Customary Marriage?

Customary marriage is a traditional form of union governed by the customs and practices of the ethnic group to which the couple belongs. Unlike the formalities of a civil or ordinance marriage, customary marriage involves deep family involvement, cultural rites, and symbolic exchanges. Key elements often include:

  • Agreement between Groom and Bride to live as Husband and Wife

  • Consent from the Man's family to have the woman as their ward's wife

  • Consent of the woman's family to have the man as the husband of their ward

  • The presentation of a dowry or bride price to the bride’s family.

  • Consummation of the Marriage

  • Witnesses from both families, signifying communal approval of the union.

  • Ceremonial blessings or traditional rituals, depending on the couple’s ethnic background.

This marriage is deeply rooted in Ghanaian culture and serves as a significant bond not just between two individuals but also between their families.


Is Customary Marriage Legally Recognized in Ghana?

Yes, customary marriage is legally recognized under Ghanaian law. It is governed by the Customary Marriage and Divorce Registration Law, 1985 (PNDC Law 112), which outlines its legitimacy. However, for full legal recognition—especially for documentation purposes like visa applications or legal disputes—it must be registered with the Marriage Registry. Registration ensures the marriage is documented, protecting the rights of both partners.


How to Register a Customary Marriage in Ghana

The process for registering a customary marriage is straightforward but essential. Here are the steps:

  1. Perform the Customary Rites: The marriage must first be conducted following the traditions of the couple’s ethnic group.

  2. Visit the Marriage Registry: Both parties must appear at the nearest Marriage Registry with their witnesses and supporting documents, such as identification and evidence of the customary ceremony.

  3. Declaration: The couple will complete a statutory declaration confirming that the marriage has been conducted according to custom and that neither party is already married under another regime (e.g., ordinance marriage).

  4. Payment of Fees: A small fee is required for processing.

  5. Publication of the Notice of Marriage: A notice of marriage is published for 28 days

  6. Issuance of Certificate: After verification and no legal caveat raised, the registry issues a marriage certificate, giving the union full legal backing.


Advantages of Customary Marriage

  1. Cultural Significance: Customary marriage reflects and preserves Ghana’s rich traditions. It honors the values of community and family, making it a deeply meaningful choice for couples.

  2. Flexibility: Unlike formal weddings, customary marriages can be adapted to suit the couple’s ethnic traditions, offering a more personal and unique celebration.

  3. Recognition of Family Bonds: The involvement of both families strengthens ties and creates a supportive foundation for the couple.

  4. Legally Recognized (When Registered): While rooted in tradition, a registered customary marriage has the same legal validity as an ordinance marriage in Ghana.

  5. Polygamy-Friendly: For those whose cultural practices permit polygamy, customary marriage allows for multiple spouses, unlike ordinance marriage, which mandates monogamy.

  6. Affordable: Customary marriages can be less costly compared to civil or ordinance weddings, as they often occur within the family setting without the need for elaborate ceremonies.


Why Should You Consider Customary Marriage?

Customary marriage is ideal for couples who wish to honor their cultural heritage and involve their families in a meaningful way. It’s also a great choice for those seeking a less formal yet equally significant union. For foreigners marrying Ghanaian nationals, understanding and embracing this practice can deepen your connection to your partner’s culture.

Final Thoughts

Customary marriage is more than a legal union—it’s a celebration of Ghana’s vibrant traditions and communal values. By registering your customary marriage, you ensure it is legally recognized while preserving its cultural authenticity. If you’re a young couple or a foreigner considering this type of marriage, consulting experts like us at kaysemarriageconsult.com can help you simplify the process and answer all the questions boggling your mind.

Marriage, after all, should reflect both your love and your values. With customary marriage, you get the best of both worlds—a union steeped in tradition and backed by the law.

 
 
 

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