Ghana recognizes three main types of marriages: Ordinance Marriage, Customary Marriage, and Islamic Marriage. Each has its unique characteristics, requirements, and implications under the law.
Ordinance Marriage
Ordinance Marriage is governed by the Marriages Act (Cap 127). To be considered a wife in an Ordinance Marriage, the couple must:
– Be married in a licensed place of worship or registry
– Obtain a marriage certificate
– Meet the requirements of the Act
In the case of Akosua Serwaah Fosuh, who married under the Ordinance in Germany, she may be considered a lawful wife under Ghanaian law, provided.
Customary Marriage
Customary Marriage is recognized under Ghanaian law and is governed by customary law. A wife in a customary marriage is typically determined by the customs and traditions of the parties involved.
In the case of Priscilla Ofori, also known as Odo Broni, who had children with the late Daddy Lumbe, her status as a wife may be recognized under customary law, depending on the specific customs and traditions applicable to their relationship.
Islamic Marriage
Islamic Marriage, also known as Nikah, is recognized under Ghanaian law and is governed by Islamic law. A wife in an Islamic marriage must meet the requirements of Islamic law, including the payment of dowry (Mahr) and the consent of the bride.
Legal Framework
The Constitution of Ghana, Article 28 (5), defines a child as a person below the age of eighteen years. However, the definition of a wife is not explicitly provided. The Marriages Act (Cap 127) and the Matrimonial Causes Act, 1971 (Act 367), provide the framework for marriage and divorce in Ghana.
Court Cases
In the case of ANSAH v. ANSAH [1982-83] GLR 1127, the court held that custody of children should be determined based on the best interests of the child. This principle may also be applied in determining the rights and responsibilities of wives in different types of marriages.
Implications
The case of Akosua Serwaah Fosuah vs. the estate of Daddy Lumba highlights the complexities of marriage and inheritance laws in Ghana. If Akosua Serwaah Fosuah is seeking to assert her rights as the only wife, she may need to demonstrate that her marriage under the Ordinance takes precedence over any customary or Islamic marriages.
Ghana recognizes marriages performed abroad, including those in Germany, if they meet certain requirements. However, registration in Ghana is not necessarily a validity requirement but rather a means of documentation.
Key Points to Consider:
– Validity of Marriage: Your marriage in Germany is likely valid in Ghana if it meets German legal requirements.
– Registration in Ghana: While not mandatory, registering your marriage in Ghana can provide documentation and facilitate official processes.
– Documentation: You may need to provide your marriage certificate, translated and authenticated, to access certain benefits or rights in Ghana.
Your marriage in Germany can be considered legal in Ghana if it meets certain requirements. Ghana recognizes marriages performed abroad, provided they comply with the laws of the country where the marriage took place and the couple meets Ghanaian legal requirements.
To ensure the marriage is recognized in Ghana, you’ll need to:
– Obtain a valid marriage certificate: Get a marriage certificate from the German authorities, and have it authenticated with an apostille.
– Meet Ghanaian legal requirements: Ensure your marriage complies with Ghana’s Marriage Ordinance, which requires :
– Age: Both parties must be at least 18 years old.
– Consent: Both parties must give their consent to the marriage.
– Documentation: You’ll need to provide documentation, such as birth certificates, passports, and divorce or death certificates if applicable.
– Register the marriage in Ghana: You may need to register your marriage with the Ghanaian authorities to obtain a local marriage certificate.
In conclusion, marriage laws in Ghana are complex and multifaceted. Understanding the different types of marriages and their implications is crucial for individuals seeking to assert their rights and responsibilities under the law.
By: Alexander Afriyie