A legal practitioner, Victor Owusu Asante, has addressed a common misconception among some Ghanaians regarding the legal status and protections of customary marriage, often referred to as traditional marriage. He clarified that customary marriages enjoy the same legal protections as ordinance marriages, particularly in matters of dissolution, property settlement, child custody, and maintenance.
In an interview with Graphic Online, Mr. Owusu Asante emphasised that it is inaccurate to assume that only monogamous (ordinance) marriages can be dissolved in court. He explained that Ghanaian law provides an exception that allows couples in customary marriages to seek judicial dissolution, regardless of whether the marriage is formally registered.
Mr. Owusu Asante pointed out that couples in customary marriages can also apply for maintenance and other legal rights that are available under monogamous marriage laws. He referenced Section 41(3) of the Matrimonial Causes Act 1971, Act 367, which specifically allows those in customary marriages to petition for divorce in the courts.
“Even if the marriage is not registered, as long as it is valid under custom, you can go to court to have it annulled or dissolved,” he stated. “You can also apply for maintenance and other ancillary reliefs.”
Engagement or Customary Marriage?
Mr. Owusu Asante addressed a common misunderstanding regarding the terms “engagement” and customary marriage. He emphasized that “engagement” is not a legal term according to Ghanaian law, and that customary marriage is a separate, valid, and recognized form of marriage. He stated, “Customary marriage is often referred to as ‘engagement,’ but in family law, there is no such thing as an engagement.” He clarified, “What people call ‘engagement’ is actually a valid customary marriage.”
Is a wedding required after an engagement?
He further explained that there is no legal requirement for a couple to perform a customary marriage before entering into an ordinance (civil) marriage. Additionally, an ordinance marriage is not necessary for a union to be legally recognised. However, if a couple undergoes both types of marriage, the ordinance marriage takes precedence over the customary one. This process is referred to as a “conversion.”
In law, once the ordinance of marriage takes effect, the customary marriage ceases to exist.” He concluded by urging the public to recognise the legal validity of customary marriage and not to dismiss it as a mere ceremonial or cultural engagement subsidiary to an ordinance marriage.
By: Richard Osei Boateng
