A legal practitioner, Victor Owusu Asante, has addressed a common misconception among some Ghanaians regarding the legal status and protections of customary marriage — also known as traditional—marriage.
According to him, customary marriages enjoy the same legal protections as ordinance marriages, particularly in matters of dissolution, property settlement, custody of children and maintenance.
Speaking to Graphic Online in an interview he said it was inaccurate to assume only monogamous (ordinance) marriages can be dissolved in court.
Mr. Owusu Asante clarified that Ghanaian law creates an exception that allows couples in customary marriages to seek judicial dissolution, whether or not the marriage is formally registered. Additionally, such couples can apply for maintenance and other forms of ancillary reliefs available under monogamous marriage laws.
“Under our laws—specifically Section 41(3) of the Matrimonial Causes Act 1971, Act 367—there is an exception for those who contract customary marriages,” he explained.
“All the protections related to property settlement and maintenance that are available to parties in ordinance marriages also apply to persons in customary marriages. Section 41(3) allows a party in a polygamous marriage (i.e., a customary marriage) to petition formally for divorce in the courts. Even if the marriage was not registered, as long as it is valid under custom, you can go to court to have it annulled or dissolved. You can also apply for maintenance and other other ancillary reliefs.”
Engagement or Customary Marriage?
Mr. Owusu Asante also clarified a widespread confusion between “engagement” and customary marriage. He stressed that “engagement” is not a legal term under Ghanaian law and that customary marriage is a distinct, valid, and recognized form of marriage.
“Customary marriage is often referred to as ‘engagement,’ but in family law, there is no such thing as an engagement,” he said.
“What people call ‘engagement’ is actually a valid customary marriage,” he said.
Is a wedding required after engagement?
He further explained that there is no legal requirement to perform a customary marriage before contracting an ordinance (civil) marriage, nor is an ordinance marriage pers se required to make a union legally recognized.
However, where a couple performs both, the ordinance marriage supersedes the customary one.
“There is no legal requirement that you must contract a customary marriage before an ordinance marriage. Similarly, an ordinance marriage is not necessarily needed to make a union legally recognized.
But if a couple performs a full customary marriage and later contracts an ordinance marriage, the ordinance marriage overrides the customary one. This is what we call a ‘conversion.’
In law, once the ordinance marriage takes effect, the customary marriage ceases to exist.”
He concluded by urging the public to recognize the legal validity of customary marriage and not to dismiss it as a mere ceremonial or cultural engagement subsidiary to an ordinance marriage.
Source: graphic.com.gh
ALSO READ:
