If not, u have done enough. The Court may on application allow the Or do we have to file some documents or do a wedding in Ghana for it to be recognized under Ghanaian law. Do I need to have a customary marriage after an ordinance marriage to make it valid. expected to live with the Respondent, the Court shall disregard any Apparently, he had married the other woman in the customary way too. Another important thing that is worthy of consideration in . There are staff there who are trained to explain the entire process to you. certificate, is there the need to go to court again? Marriage under the ordinance is the civil union available to any Ghanaian to take advantage of, and despite some confusion, it is entirely secular and not religious (Christian) at all. The Matrimonial Causes Act, 1971 (Act 367), governs the current So without a customary marriage if i understood cant anyone marry under the ordinance? Court Marriages are so cheap. Regardless, both the bride and grooms consent must be obtained to proceed with the customary ceremony. However, for the avoidance of doubt, Court means the High Court or the Circuit Court (section 43 of Act 367 subject to the Chief Justice's power to transfer action under . 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? When a marriage ends in Ghana, it is common for the wife to be denied any property acquired during the time spent together. ordinary wear and tear of marriage life. 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. My wife and I happen to be married under the ordinance type of marriage, does her surname automatically changes to my surname. Thank you. It is an inexpensive or a very affordable way to marry. We went for private cpunselling. We are both foreigners. A couple can complete exchange marriage vows and sign the marriage certificate only after they obtain a Registrars Certificate. The implication is that your husband can still marry another woman, in fact, he may marry as many women as he can take good care of in addition to you. Copyright 2016 - 2020 The Wedding Vendor Guide - All rights reserved. The procedure for ordinance marriages is the same for every qualified couple. Often times, many mistakes the church/white wedding for Marriage under Ordinance. consensual unions, Religious marriages contracted under Islamic rules/ Christian rules . Pls kindly reply, Which of the two is right if one wants to have ordinance marriage, 1. The partners must be 18 years or older and none of the two entering into a marriage by ordinance shall be in any form of marriage with any other person(s). the intention on the part of the deserting spouse to bring important to note that a divorce petition cannot be issued within I am a US citizen preparing to marry my fianc from Ghana in January 2021 in the court house there. unable to reconcile their differences. So after the marriage, if ur wife keep denying the husband sex, can you go for another woman, Hi But it favors the woman more. But, there is an exception where the two partners are already married to each other in a customary marriage. Yes. Can customary married be regarded as church? At the time of the divorce, either party to the marriage was; . We are preparing to have an engagement ceremony very soon . Thank you very much for the reply sir George. Sometimes planning a big wedding with a long guest list can feel overwhelming . Sorry, theres no legal form of marriage in Ghana presently like that. This form of marriage must involve both families of the bride and groom. It is an inexpensive or a very affordable way to marry. Economic Benefit of Court Marriage. You can support each other in difficult situations in life. The couple is disowned by the families. In Ghana, and some other African countries, there are three main types of marriage recognizable by law: Traditional/Customary, Marriage under Ordinance and Islamic/Mohammedan Marriage. (41) Of 2022 On Civil Personal Status, Civil Marriage, Divorce: UAE Personal Status Law Takes Effect. Please send an answer to b_johnsonsr@msn.com ASAP so that I may avoid making a mistake! We are married outside of Ghana, I want to know if marriage outside of Ghana is honored by Ghanaian law as valid and legal. At the moment I am not in Ghana, can someone marry my fiancee on behalf of me under the ordinance? Which office do I contact and any numbers or emails at hand please. You can also save time and energy. We have perform the Wedding also in an unapproved church building. preceding the presentation of the Petition to qualify as a ground Tax advantage related to marriage in many countries. the Court that the Respondent has deserted the marriage and there proceedings. Hi George. What exactly you need to do. Please we want to register but my husband is busy now can I come and do the registration alone. satisfy itself that consent to divorce has been given by the Hi George. Doing the registration before the customary rights. Can I legalize this marraige by optaining the right certificate? Will it be a problem, if him and I marry in Accra although he lives in Kumasi (regarding residential adress which needs to be mentioned when applying)? The disadvantages of arbitration as compared to court litigation and other forms of dispute resolution are: Costs associated with venue and fees of tribunal . Can you explain what I need to bring if any for documentation? So its not valid if it doesnt have signatures of all the required witnesses. If yes, please what are the steps we need to take. petition and the respondent consents to Im about to travel and I want to know if it is possible to get the certificate within two weeks time? Pls who should I see or go?Can u help me with an agency? Marriage under Ordinance is registered with the Registrar General, ones local Municipal or District Assembly, and is recognized by law. Yes, any couple who have registered their marriage under customary law (which allows polygyny) can get an Ordinance marriage (which is strictly monogamous) in any government marriage registry located in Metropolitan and Municipal Assembly offices or at the Court in Ghana. What are the implications for my first wife? In litigation, relationships can be severed, and this could harm future income. Islamic/Mohammedan Marriage is performed according to the the religious requirements of Islam. I think the Registrar Generals Department offers that kind of service you want. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. Please help. Published in the Kalahari Review, Ghana Law Hub, the Talkative Mom App & Ebo Quills. subjective test and depends on the view of the Petitioner, which Theres no special requirement for you to meet. to be served on the Respondent through the Court bailiff. The partners must be 18 years or older and none of the two entering into a marriage by ordinance shall be in any form of marriage with any other person (s). He went ahead and married her without our consent or our knowledge of the marriage. As compared to traditional weddings, there are no expensive rituals like sangeet ceremony, mehendi, henna, etc. Sir I am going by what I have read on your Web site and from what I see it is I can probably send it to u but am not not sure if I know how on here The certificate looks legal to me but not sure I love my new wife and she loves me and is going to come to Canada to be with me my question to u is, is the marriage legal, she my wife says it is and considers her self and me married, George, I am planning to Marry in Ghana. Finally, the couple must consummate themarriage. Consent is not needed to rely on this fact. A petition for divorce may be presented to Hello sir, I have an American girlfriend who is coming down on the 2nd May,2016 for us to get married on the 5th of May,2016. 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. of doubt, Court means the High Court or the Circuit Court (section the marriage is registered at the District Office with the Registrar of Mohammedan marriages and divorces within one week of the marriage ceremony. Thanks. So instead of us coming to the office the registrar will be at the ceremony to perform the rites. The age of consent to sex of 16 and the legal age for marriage in Ghana which is 18 years are quite similar to international ranges. I traveled to have a baby and in my absence, he registered the other woman in the ordinance way. Families gather up, in most cases over a glorious white wedding. Most importantly, court marriages are completely legal, secure, and authentic because there are parameters set by the Governments of India to ensure the validity of marriage taking place in the court. of divorce proceedings. Respondent". The cost includes the notice of marriage, registration certificate, and signing ceremony. Btw I am a foreigner and my husband is Ghanaian. The marriage registration law doesnt demand that though. First, this form of marriage is made between a man and a woman only. A marriage certificate is awarded to successful marriages. the Court will ascertain and come to a conclusion. How many days in advance do we need to file for a certificate or register ? Marriage remains a very social institution in Ghana and Africa as a whole. Child Custody In Nigeria: A Fallout Of Irretrievable Breakdown Of Marriages, 2023 Changes To Inheritance Law Federal Decree Law No. Is it also a right of a married woman to say she wont have a child? A petition for the dissolution of marriage cannot be presented A court clerk was delegated from takoradi to kumasi to issue the marriage certificate and he was not a registered official to give the certificate. Please can ordinance marriage be done before traditional marriage? The fee will be paid in person to a local clerk. Hi George,so want to find out if there are any processes to go through if the venue for the wedding(ordinance) is not a registered place by the registrars department. persons of whom one or both are married but who are not married to The following article discusses the concept of contempt of court in relation to family law of the UAE. events that occurred within the first year of marriage. Where the party involved are adults or at 21 years or more, they dont require the consent of their parents in a court marriage. two witnesses are present during the ceremony. If youre saying that the man was in another marriage (court wedding) and he married you, I think you should speak with a good lawyer for advice and possible legal actions. Discovery. In Ghana, marriage is constructed according to the custom of ethnic group of which the couple live. Ordinance marriage can be done with or without parental consent. 367 provides that to rely on this fact, a couple should not have Please can I know the requirement and fee for divorce of ordinance marriage? or District Assembly, and then had proceeded to church with a bride and signed a certificate of marriage (white with a green band across) then, he may have done ordinance marriage. This document informs both the Respondent and the The divorce must be registered within one month of the divorce date to be recognized by law. spouse, The physical act of departure by one spouse does not necessarily The lived experiences of cohabiting couples have, however, received little scholarly attention. You can build wealth together. Prohibition of ejection of spouses. the grant of a decree of divorce, provided that the consent shall i am pregnant and i and my partner have decided to have an ordinance marriage, what do we do? Mondaq uses cookies on this website. I am the only wife. Can a Nigerian lady get married to a UK man in the Ghanian customary court? How long is this process ? For more information, read How to Obtain a Marriage License. Everything have been put in place for the marriage to be done. Getting married in a court in Nigeria protects the right of both the man and woman. My boyfriend has been married to a woman by church wedding. Despite these exceptions, there have been no reports of a legally contracted polygamous marriage in Ghana; and are considered to be "de facto" illegal. Mounir, you can get married officially and receive your certificate of marriage at the marriage registry at AMA Head Office, located near the Bank of Ghana. Hello George, Can one have is marriage officiated by a registered official but in a different location preferred by the couple? Can somebody marry a girl from Ghana being not present at the ceremony? Annually, 34,000 girls are married in Ghana. Or does there even have to be a ceremony at all? Angela, your fiance may file a notice of marriage even when youre not here, but you must be present for the marriage ceremony. For both types of marriages, a marriage registration certificate is a legal testimony that a couple is married. Thank you, Hello Geoge am Dela 28 ,married my fiance who lives in the USA traditionally but now we want to register our marriage .i went to AMA to enquire about that and they said I need to register first for 21 days but my fiance needs to be available but if she is not here in the country yet she needs to write a letter of CONCESSION LETTER to them before I can register .Our problem is we dont know how such letters are written .Can you help us or refer us to someone to help us in writing such letter .Thanks, Hi George, Im Nana kwadwo. Hi, I am going to see my man in middle of June and we want to marry. festival portogallo 2021. 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. Our daughter that is 18 ran away from home and married a 23 year old Ghanian man against our wishes. I am having a girlfriend from Canada which we both living in Egypt currently.. Subsequently, some follow up with an ordinance marriage in a church. physical/emotional violence or more mild incidents. You should tell them your decision. It Offers Legal Security. " the parties to the marriage have not lived We could not do the marriage counselling @ her church for some personal reasons. . and wife after the date of the occurrence of the last incident Is it lawful? Drawing on in-depth interviews conducted with cohabiting couples in Accra, Ghana, this study focuses on the . Polygamy is illegal in Ghana, but the restrictions are not heavily enforced. This is governed by Marriages Act (Cap 127) and is the only, strictly monogamous legal means of marriage in Ghana. Wiki User. I have a question concerning the legality of a marriage. relied on by the Petitioner and proved to the Court in support of Does the foreigner need any approval from their embassy before getting married? elenco interpelli agenzia delle entrate superbonus. [21 . not be unreasonably withheld, and where the Court is satisfied that How such a traditional ceremony is performed depends on the tribe the bride comes from, but there are some things that most tribes . The entire idea of marriage is from religion. provides that, for the purposes of section 2 (1) (d) and (i) in Consent is necessary to rely upon this fact. An eye opener for the naive and ignorant. You should only consider going through litigation with another party if you have accepted that there will be no future business relationship between you and them. But they currently going through a divorce. Thank you. a Wali (a person with authority or guardianship over another person, in this case, the bride) is present to legally represent the bride. It creates real equality from a government perspective. However, if customary marriage is the only form of marriage being undertaken, registering your traditional marriage aids with legal issues such as will entitlements, visa applications, child support and/or alimony payments, medical proxy, etc. (1) A person shall not, before the distribution of the estate of a deceased person whether testate or. 2. Or can u file for divorce. 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). Urgent reply please George. This is the most commonly relied upon fact for divorce. View all posts by George AgboKlu. I discovered this on the 4th Jan 2018. to the Court by the Petitioner within two years from the date of Carried out by an officer at the Registrar Generals, Municipal or District Assemblys office, who has the responsibility of performing marriages. But just knowing if it exists is still ok with us. Can u recommend a good lawyer though? So one may choose to have a court marriage before or after a customary marriage. Certain rites performed are unique to the cultures represented by the couples families, while others tend to be common to almost all cultures. I want to ask a question. As of 2010, the cost of a court marriage in Accra, Ghana is about GH55.000. we have only 1monthchancesfor busy life work in dubai.pls i need your helptel me what we do.thanks..JESSIE. He had helped to hide her from us and lied about knowing where she is at. So what should we do advice needed urgently because thing are getting worse. You can register, I suppose, as many customary/Islamic weddings as possible. It is important to note that if you are the Petitioner, 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??. Copy of divorce order, in the case of a divorcee and death certificate of a spouse, in case of a widower/widow. I have been talking to a woman in Ghana she supposed to been born in Italy anyway she is supposed to be working on the marriage certificate and get a flight here in the us ! When filling the documents, one must provide personal information in all of the different forms. how do we get the marriage certificate for the wedding day pls? Eli. Is a marriage legal in Ghana if a registrars certificate is not issued or a certified official does not preform the marriage ceremony? We dont live in Ghana though. This is one of the major issues faced by people going for inter-caste marriages. They are set out in a decision the Appeal Court of Ghana in Nyaasemhwe v Afibiysan reported [1977] 1 GLR 27 at p 32. Hi George, I have done the both the customary & church wedding without going through the neccessary registration process. Tanzania alott, Please is it possible to know the fees we need to pay please. to live with the Respondent". Can I go for the court marriage before the customary marriage and why if yes or no? This law does not apply to Islamic or Ordinance marriages and thus the methods of registration of either are different. That means that a party to a marriage that is less Representatives from both families must be present during the presentation, and the gifts and dowry must be accepted by the brides family. These processes allow you to identify the strengths and weaknesses of both your own case as well as the opposing party's . determining whether the period for which the parties to a marriage Our purpose is to help couples make choices from a collection of vendors with just a click. It criminalizes "unnatural carnal knowledge" in section 104 (1) (b) of its Criminal Offences . disadvantages of court marriage in ghana Is this marriage legal and is there anything we can do to annul it? I need marriage guidance / consult. We have done the initial licensing of marriage with AMA, for the 21 publication. Daavi Dorcas, same-sex marriage is not legal in Ghana. presentation of a petition for divorce within two years from the My girlfriend and, we are preparing to marry this April. We are to be married in Ghana in January. Your email address will not be published. It is therefore the couples responsibility to find out if their officiant has these powers and if not, to follow the appropriate procedure.