Hello George, please what is the address of the registry in Accra where one can file and also get married in? Regardless, both the bride and grooms consent must be obtained to proceed with the customary ceremony. What documents will I need before using my husband name in processing my passport. I want to know the processes to go through to have an ordinance marriage and can it take place the same day as the traditional marriage. the marriage. The means by which they may be dissolved legally also vary according to the different laws . As of 2010, the cost of a court marriage in Accra, Ghana is about GH55.000. You can. Consent by the family of the man and the family of the woman that the two should be married. 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. Section 3 of Act If you continue to use this site we will assume that you are happy with it. who starts the proceedings must be able to provide evidence to the Customary marriage on its own is not recognized by law, unless registered under the Customary Marriage and Divorce Registration Law, 1985 (PNDCL 112). proceedings. Desertion is the separation of one spouse from the other with It is important to note that holding a marriage ceremony, while common practice, is not enough to be recognized by law. There are staff there who are trained to explain the entire process to you. The customary marriage process throughout Ghana generally includes the following steps: Consent by the man and woman to be married. The lived experiences of cohabiting couples have, however, received little scholarly attention. Or can u file for divorce. Hello sir George pls am in Ghana now I dont know if its OK by u if I can contact u personally to help me and my fiance process our ordinance marriage ceremony till we obtain our certificate. The couple is disowned by the families. I want to ask a question. Adultery may be defined as sexual intercourse between two Thanks so much! If yes, please what are the steps we need to take. divorce under the Act. than two years cannot commence a divorce proceeding, Who does the new law apply to: This law applies to Non-Muslim Residents of the United Arab Emirates. Advantages: cheap, fast, easy to plan, recognized by law. At the time of the divorce, either party to the marriage was; . Pls sir, Hmmm, I havent registered the customary marriage ooo. I will like to know the implications of this, and if I can still go through the ordinance marriage or the court. Finally, the couple must consummate themarriage. This plateform u have created is very good. Save my name, email, and website in this browser for the next time I comment. You would be issued a payment receipt after hav. 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 . It is not uncommon to find a ceremony held in the absence of the couple or one of the parties for various reasons; the couple is out of town, or custom may not require it. After they have received the registrars certificate, the couple must go through the marriage ceremony within three months, otherwise the certificate becomes void. After eight of years of trouble marriage as i was contemplating on divorce, i got the following revelations which i didnt know. Representatives from both families must be present during the presentation, and the gifts and dowry must be accepted by the brides family. According to registrars in uk we cant because we are married. 4. (2) Despite subsection (1) where a Court is satisfied by oral or documentary evidence that a customary law marriage had been validly contracted between the deceased and a surviving spouse, the Court shall make an order for the estate of the intestate to be distributed in the same manner as a customary law marriage registered under this Act.9(9) 16. Please advise ASAP! We have perform the Wedding also in an unapproved church building. You should tell them your decision. The Court must Thanks. the Court by either party to a marriage. " the parties to the marriage have not lived Our daughter that is 18 ran away from home and married a 23 year old Ghanian man against our wishes. Do you have to have the same name as to the one on the registrar certificate as to the marriage certificate? We have gotten a church that is licensed to do marriage ceremony, but they are not willing to give us their marriage certificate since we dont attend church there. Written wills in Ghana are governed by the Wills Act, 1971 (Act 360). Required fields are marked *. Though there are no international guidelines on the age of . 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??. The requirements youve stated above apply to marriage under ordinance, but not customary marriage or Islamic marriage that must follow their own procedures. Sure, you can. Increased level of security. If not, u have done enough. I am staying for 2 weeks, can we apply for marriage and get it done when I am there or is it not possible during this 2 weeks? What Are The Reasons And Steps In Ghana For Seeking To Annul A Mariage? it intolerable to live with the Respondent. This is not a conclusive evidence. Or it depends? Ghana has a mixed record on its treatment of lesbian, gay, bisexual and transgender (LGBT) people. important to note that a divorce petition cannot be issued within The marriage took place at her fathers house where we signed the marriage certificate which is not a registered place of marriage. Is this an era and will I have problems? please send the reply to the mail, thank you. I was going to travel to Ghana at the time we will marry. Tanzania alott, Please is it possible to know the fees we need to pay please. We could not do the marriage counselling @ her church for some personal reasons. Congrats, Evelyn. It is an inexpensive or a very affordable way to marry. If you married in February under customary marriage law and decided to register for marriage under ordinance certificate in July, what is the procedure? To print this article, all you need is to be registered or login on Mondaq.com. 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. Thanks, Dear Georges Im Lebanese i get married 2012 ordinance marriage 389 /1971 since May 2014 Im in divorce i have one baby son now is 5 years old i refuse divorce now judge give decision divorce so what is divorce law act of my marriage for me and my son im not guilty my husband want divorce and he is 100% guilty, Am married to a US citizen and he abodon me for two years what should i fo. each other. A marriage ceremony held in a church without proper licensing and registration procedure is simply a church blessing. Hi George, I have done the both the customary & church wedding without going through the neccessary registration process. Ive been married to this man for 12yrs. Thanks. A couple can complete exchange marriage vows and sign the marriage certificate only after they obtain a Registrars Certificate. 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. We are constantly reminded of the consequences of our upbringing in Ghana regarding marriage when we hear one . Dreams of making beautiful writing. In virtually all cases, gifts are offered and a dowry/bride price paid to the brides family. we have only 1monthchancesfor busy life work in dubai.pls i need your helptel me what we do.thanks..JESSIE. The cost includes the notice of marriage, registration certificate, and signing ceremony. In Ghana, marriage is constructed according to the custom of ethnic group of which the couple live. We made a decision to get married under the ordinance.and do the marriage ceremony after school and we both working. Doing the registration before the customary rights. Urgent reply please George. if so v can someone start the Registraion process for us since we can be in Ghana for onl 2 weeks, George is a technology enthusiast; lives in Accra Ghana, and has worked in revenue operations management at the Accra city local authority. A petition for the dissolution of marriage cannot be presented Intestate Succession: How Estate Of A Decesed Is Settled If There Is No Will In Ghana, Navigating the Cross-Border Highway: A Roadmap for Canada-U.S. Estate Planning and Administration, Luxembourg Tax and Transfer Pricing Update 2023, Mondaq Ltd 1994 - 2023. Advantages of Marriage. Is there any organization that can help me in the situation of my parents not agreeing to our marriage all because the man has children? I have a question, do you need witness for the ceremony? Urgent response needed please. 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. There is a Court fee for issuing a divorce petition. Hello. Necessary in many cultures. We told him not to aid her and we did not want her to marry him. Hello George,am pregnant and want to do the ordinance marriage ,I need that as fast as I can get but since u mentioned timeline am a little confused, please explain to meits very urgent..thankyou. Just go to the marriage registry in your Municipal or District Assembly office, file a notice of marriage, and exchange vows and sign your marriage certificate. Can one wear a wedding gown to KMA or AMA for an ordinance marriage ceremony please? Often times, many mistakes the church/white wedding for Marriage under Ordinance. With regards to the time period required for both registration of marriage and divorce, special consideration can be sought from the High Court, and appropriate procedures followed. 1. it has been so withheld, the Court may grant a petition for divorce But we planning to come to Ghana and get married officially and certified it..can we do this at any AMA office or its must be at the court.. We will finalize the marriage in Canada where her family stayed.. We just need the certificate for now!! about your specific circumstances. The legal benefits of a civil marriage include protecting one another with: Support - being married obligates you to a duty of support to one another depending on each party's needs. You can also save time and energy. pls i am from philippines and my fiance from ghana. From what I read above this shouldnt be a problem. Because we did not have the counselling @ her church, her church would not allow us to use their premise. Court on the legal basis on which the Petitioner is pursuing a These figures were . Her presence is not required for the initial procedures of filing a notice and obtaining a Registrars Certificate. Thanks. Yes, it exists and you can get info at the Registrar Generals Department, Accra. 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 ! Does a certified official have to perform the ceremony for the ordinance marriage for it to be legal under Ghanas law..or can anyone do it? Or does there even have to be a ceremony at all? How to Obtain a Marriage License / Register Your Marriage. Francis Ampanyin Civil Appeal No. Im american women living in the untied States. Therefore, this is where the law against bigamy comes to play. 2. The fee will be paid in person to a local clerk. Despite these exceptions, there have been no reports of a legally contracted polygamous marriage in Ghana; and are considered to be "de facto" illegal. Can customary married be regarded as church? Hello gorge. the grounds as mentioned above for the dissolution of the marriage effect that the marriage has broken down beyond reconciliation. I heard there is some sort of temporary permit for marrying at a non registered location valid for a day. Is a marriage legal in Ghana if a registrars certificate is not issued or a certified official does not preform the marriage ceremony? They are set out in a decision the Appeal Court of Ghana in Nyaasemhwe v Afibiysan reported [1977] 1 GLR 27 at p 32. for a continuous period of at least two years immediately preceding Hi Goerge, I am a Jamaican and m finacee is Nigerian, can we marry in Ghana. 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. disadvantages of court marriage in ghana as husband and wife for a continuous period of at least two years The Prerequisite Before Exchanging Marital Vows In Ghana Are As Follows: (1.) make that spouse the deserting party. A petition for divorce may be presented to the Court by either party to a marriage. Can we marry without the fathers involvement? Mawuto enye akpe. It is important to note that if you are the Petitioner, Btw I am a foreigner and my husband is Ghanaian. If yes, her family believes much in the customary marriage. guide to the subject matter. Thank you. Is that possible? A petition for divorce may be presented to that by reason of the adultery the petitioner finds it intolerable Zenas Chambers, ChimwaMurombe Legal Practice. Hi George. All you need to do is go with your partner to the registry, pick up the form and fill out your details. Related ArticleHow to Obtain a Marriage License / Register Your Marriage, Information for this article obtained from:KMAGraphicLandwise, Your email address will not be published. Please if you having children with a lady you did not perform any marriage rites on. The court marriage can also be solemnised between an Indian and a . I don't understand why would people want to spend so much money on frivolous things. But, there is an exception where the two partners are already married to each other in a customary marriage. This means that 1 in 4 women, or . 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. Getting married in a court in Nigeria protects the right of both the man and woman. Section 4 of Act 367 provides that for the purposes of section Because it is believed in Nigeria, that the chances for a man to cheat on his wife is very high. The primary advantage or benefits of common law marriage lies in the fact that your relationship will be assigned the same marital rights and responsibilities as are assigned to formally married couple, but without you having to be formally married. This law does not apply to Islamic or Ordinance marriages and thus the methods of registration of either are different. He left with everything including the marriage certificate. 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? Please can ordinance marriage be done before traditional marriage? If yes, what are the procedures please I need a reply. Although largely considered an unconventional form of domestic partnership, cohabitation is a growing phenomenon in Ghana. 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). physical/emotional violence or more mild incidents. If proof of your consent is what the officer wants, he/she should just demand that. For Adultery to be proven, there expected to live with the Respondent, the Court shall disregard any I and my boyfriend are both students and above 18yearswe both Christians and we dont want to dishonour God by having sex before marriage. 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? Families gather up, in most cases over a glorious white wedding. Hello George, I have been cohabiting with my partner for a little over 10years now, I got to find out he performed something that looked like an engagement with another girl although no member of his family partook in the ceremony, I, my family and my pastor confronted him with regards to this issue, to which he denied any truth in that matter, he currently requested that we have our customary marriage, to which I refused,that I would not go through any ceremony other than the ordinance. Me and my partner are Nigerian. The courts in Ghana will not enforce a foreign arbitration award under any of the following circumstances: 1. Ordinance marriage can be done with or without parental consent. Do I have to be present when my fianc files for the notice of marriage? The Ordinance Marriage Ceremony & Certificate of Marriage. The Chaplain was not a registered chaplain to officiate the marriage. They are: A registrars certificate to marry is issued to the partners after 21 days of filing the a notice of marriage and nobody raises any valid objection against the proposed marriage. disregard any period or periods not exceeding six months in the Sometimes officers demand a letter of consent and a photocopy of a page of the passport from the absentee partner as proof of consent. cohabitation permanently to an end without the consent of the other Customary marriage in Ghana is recognized by government under the Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112). Is this marriage legal and is there anything we can do to annul it? The divorce must be registered within one month of the divorce date to be recognized by law. marriage. Court Marriages are so cheap. I need reply please. court to enforce the order if necessary. not be unreasonably withheld, and where the Court is satisfied that Ill only be in Ghana for 19 days. Members of each families are to be screened for Incurable and contagious diseases, Violent behaviors and Criminal backgrounds, Respectfulness, Employment status, Standard of living and religious background. Im getting married in 6 months. Nii, although you havent registered your first marriage which was contracted customarily, as youve mentioned here, the court may treat that marriage as valid when it is convinced by oral and documentary evidence that your first marriage was validly contracted according to custom. the petitioner cannot reasonably be [21 . I and my husband got married through ordinance.the notice nd everything was done but the certificate was not issued .Now I want a divorce should I go to court.pls I need help urgently. Drawing on in-depth interviews conducted with cohabiting couples in Accra, Ghana, this study focuses on the . He had helped to hide her from us and lied about knowing where she is at. spouse, The physical act of departure by one spouse does not necessarily It is therefore the couples responsibility to find out if their officiant has these powers and if not, to follow the appropriate procedure. But she must be around for the marriage ceremony, to exchange the vows and sign the Marriage Certificate. pls need help. Although the Court may find one or more of the facts required to 1. Read this: http://laboneexpress.com/2016/01/new-marriage-registration-fees-for-2016-released/, Hi George I be read a lot of your advices. For both types of marriages, a marriage registration certificate is a legal testimony that a couple is married. the grant of a decree of divorce, provided that the consent shall Look at it this way, when the two parties meet, that is the ceremony. Marriage Is A Religious Sanction. 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. The Ghanaian traditional marriage sometimes called "engagement" could be a stand-alone ceremony where the process is seen as complete in itself, or it could be followed with a "blessing" or a white wedding. 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. Can I still go ahead and have the ordinance marriage? Common law marriage benefits are the same as the advantages of being married legally. 3. 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? You can support each other in difficult situations in life. Im about to travel and I want to know if it is possible to get the certificate within two weeks time? Good morning sir, Id like to ask you some few questions regarding marriage in Ghana. Discovery. Ive done the customary marriage then proceeded to church ( Roman Catholic) for blessing and was issued with marriage of either an act or omission and can include severe issues of Your email address will not be published. Thank you. which adultery is alleged, the person alleged to have committed a petition, it must be sent to the Court in triplicate. ground must be evidenced by proof of one of the following: " the Respondent has committed adultery and An eye opener for the naive and ignorant. So what should we do advice needed urgently because thing are getting worse. I married my wife both customarily and by ordinance in 2010 in Kumasi but the marriage certificate was issued by SAEMA in Takoradi. When a marriage ends in Ghana, it is common for the wife to be denied any property acquired during the time spent together. Will that marriage with him be recognise by law? I already have 4 kids with my wife to be. petition". Where the party involved are adults or at 21 years or more, they dont require the consent of their parents in a court marriage. evidence, that the marriage has broken down beyond Can u recommend a good lawyer though? Community courts are required to keep a record of their proceedings. ordinary wear and tear of marriage life. Answer (1 of 3): The court marriage process in Ghana is very simple. two witnesses are present during the ceremony. Yes, David. Court marriages are cheaper than traditional ones. Polygamous marriages are illegal under civil law, though are arguably considered to be legal under customary law . As the UAE's new Personal Status Law was recently officially enacted, recognizing civil marriage in the country for the first time. Hi, good evening. This type of marriage is based on tradition and existed long before Marriage under Ordinance/White/Church weddings, which were introduced by western influence. One of the couple, at least, must be normally resident in Ghana, or must be staying in the country 15 days before filing a notice of marriage. We are to be married in Ghana in January. How do i go about the divorce please? What should I do now please I need your advice. 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 section 40 of Act 367. If you are dealing with a business dispute, you have several possible options. These processes allow you to identify the strengths and weaknesses of both your own case as well as the opposing party's . From there we could go to the office to get more info on it. 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? However, for the avoidance McCabe [1994] 1 FLR 410, [1994] 1 FCR 257, a Ghanaian customary marriage performed in Ghana was accepted by the English Courts as valid under English law. Under Act 367, adultery is defined as the voluntary sexual date of the marriage on the ground of substantial hardship suffered Another important thing that is worthy of consideration in . Am Ghanaian, my fianc is Nigerian but we live in the Uk, we want to come to Ghana and do a traditional marriage ceremony and a registry marriage but the time we have is limited, maximum 2 weeks due to work commitments. consensual unions, Religious marriages contracted under Islamic rules/ Christian rules . I want to know if my marriage by ordinance to him will be possibly and what becomes of the relationship with the other lady. is no intention to return. The main purpose of marriage and customary law appears to be perpetuation of the human race. You may be better able to sustain your relationship. Uggh. If you are already married, your U.S. citizen spouse must file a spousal immigrant visa petition, Form I-130, for you to immigrate to the United States. Ghana is one of the many countries worldwide in which child marriage - marriage below the age of 18 - happens.. A survey conducted in 2018 indicates that just over 19% of girls are married . Pls I want to know that if you and husband are married under ordinance and he secretly go and marry another woman without your concern. Thanks! Sir my question..im a Christian lady and hes a Muslim guyI think we are the most lovely couple on earth..yes we arehe wanted to be a Christian for mebut my family says nohis family supports him cos he is in love.we are planning if marrying in a court then leave Ghanaso can we marry without families getting to notice?? that the parties to the union after diligent effort have been This is however not always the case. We want to find out if there really is something like that and if there is, would you know the price range. and wife after the date of the occurrence of the last incident What exactly you need to do. satisfy itself that consent to divorce has been given by the However, the Petitioner of the divorce, i.e. Subscribe to Labone Express and receive notifications of new posts by email. aggregate during which the parties resumed living as man and the Court that the Respondent has deserted the marriage and there Juni 2022; Beitrags-Kategorie: evander childs high school famous alumni; Beitrags-Kommentare: . However, the Petitioner can rely on Prohibition of ejection of spouses. After much thought about this court marriage, we set out to see exactly what role courts do play a marriage by visiting a High Court in Lagos. The entire idea of marriage is from religion. Tax advantage related to marriage in many countries. My husband married a foreigner in 2003 in court (in Ghana) and he married me in 2010 in the customarily.i didnt know he had a wife until recently.what can I do?we have two kids. To issue Hello my name is Cindy,my question is my partner and I got married at the register office in Accra but there is a mistake on the marriage certificate , the type of residents at the time of marriage for my husband was made Accra and mine was made Italy , we live in Italy and he is an Italian and this mistake is going to cause problems for him if we dont correct it .please can you tell us how we can go about it, cause we just flew back to Italy thank you. Please help. You just must have the info abt him to provide. My Question We are both in the uk. This is governed by Marriages Act (Cap 127) and is the only, strictly monogamous legal means of marriage in Ghana. Advantages and disadvantages of customary law 1 Advantage: Customary law is often the most accessible kind of law for Thank you very much for the reply sir George. " the parties to the marriage have not lived This paper explores the use of customary law tribunals as part of the delivery of justice services to this population in common law African countries. Is it lawful? So instead of us coming to the office the registrar will be at the ceremony to perform the rites. Can couples have a court wedding without the this year soon were traveld to ghana. Islamic/Mohammedan Marriage is performed according to the the religious requirements of Islam. We had our customary marriage certificate in 2013 what should we do to get an ordinance certificate and how long would it take. 43 of Act 367 subject to the Chief Justice's power to transfer Thank you, Is there an express service for the registration and issuance of certificate? My mother bargains with sabzi-waale bhaiya for 5 rupees. The courts also have the ability to grant a divorce, and usually do so within the ritual boundaries of the cultures in question. I married in Ghana 4/2018 under ordinance but my license says customary. Mr. George AgboKlu. For more information, read How to Obtain a Marriage License.