Customary Marriage in Ghana: Exploring its Strengths and Shortcomings.

Customary Marriage, in the Ghanaian context, is more than just a union between two individuals—it is a sacred bond that unites families, cultures, and traditions. It is one of Ghana’s oldest and most cherished forms of union — governed by the customs and practices of the intending couple’s ethnic group. While many Ghanaians today gravitate towards white weddings and court ceremonies, customary marriage remains the true foundation of our matrimonial heritage. It is deeply woven into the social fabric of our communities, governed by traditional norms and recognized under the Marriage Ordinance (Cap 127) and the Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112).

In this article, we explore both sides of the coin—the advantages that make customary marriage uniquely Ghanaian, and the limitations that call for careful consideration. Whether you’re planning to marry soon or simply curious about how tradition meets law, this discussion will enlighten you about the advantages and disadvantages of marrying under Customary Law in Ghana. Let's delve into it:

Advantages of Customary Marriage in Ghana

Customary marriage in Ghana offers several advantages that make it both culturally relevant and socially practical. Rooted in tradition, it reflects the values and identity of the communities that practice it while remaining flexible to modern realities. Its simplicity, affordability, and family-oriented nature continue to make it an appealing choice for many couples today. Listed below are some of the key advantages of a Customary Marriage:

1. Legal recognition without lengthy bureaucratic procedures.

Under the Marriages Act, 1884–1985 (Cap. 127), customary marriage attains validity once all the essential customary rites have been duly performed in accordance with the traditions of the parties involved. In essence, the marriage becomes legally valid upon the successful completion of these rites, without the need for formal authorization or registration to confer its validity. However, registration remains important as it serves as official documentary proof of the union for legal and administrative purposes. A registered customary marriage holds the same legal status as an ordinance marriage in Ghana.

2. Polygynous in nature

In the context of Ghanaian law, customary marriage is inherently polygynous, meaning that it legally permits a man who wishes to marry more than one wife to marry more, provided each marriage is validly contracted according to the applicable customary rites and in respect to Ghanaian Customary Laws. This feature distinguishes it from ordinance marriage, which is monogamous and strictly prohibits the contracting of any subsequent marriage while the first subsists.

3. Easier dissolution compared to ordinance marriage

Another significant advantage of customary marriage lies in its simplified dissolution process. When such a marriage breaks down, it can be resolved through family mediation or traditional arbitration, allowing both families to settle matters amicably. This approach avoids the lengthy, formal, and often expensive court proceedings required under the Matrimonial Causes Act, 1971 (Act 367) for ordinance marriages. The process thus preserves cultural harmony, reduces financial strain, and encourages reconciliation or peaceful separation in accordance with traditional values.

4. Affordable form of marriage compared to Christian marriages

Though civil marriage can arguably be considered the most affordable among all forms of marriages, customary marriage is also relatively inexpensive compared to Christian marriages, whose celebrations in church often create subtle social pressure on couples to organize lavish and costly weddings. This financial flexibility gives customary marriage a distinct social value — it upholds tradition without commercializing love or burdening couples with unnecessary expenses.

5. Ease of contracting marriage

Unlike ordinance marriage, which requires strict compliance with Ghana's Marriages Act wherein a mere oversight or administrative error can render a marriage voidable and in the long run invalid, customary marriage is simple, accessible, and culturally adaptable. It does not require any formal documentation and bureaucratic procedures which can at times be time consuming and overly technical for illiterates. Customary marriage enables families to perform marital rites in accordance with customary practises that they are familiar with making it flexible while preserving dignity, solemnity, and cultural significance.

6. Promotes family unity and cultural depth

Customary marriage goes beyond a union between two individuals — it intertwines love, family, heritage, and spirituality. Because customary marriage is negotiated and performed between two families rather than just the individuals, it promotes harmony, respect, and cooperation. This family involvement ensures mutual accountability and creates a wider support network for the couple, especially in times of conflict or hardship. The rites performed are also deeply symbolic, invoking ancestral blessings and divine favor upon the couple. It also reflects respect for tradition, preserving the values and identity of the ethnic group from which the parties come.

Disadvantages or Limitations of Customary Marriage in Ghana

While customary marriage remains culturally rich and legally recognized, it is not without its complexities and challenges. Many of these limitations arise when customary practices fail to align with the legal safeguards available under Ghanaian law. Understanding these drawbacks helps couples make informed decisions before, during, and after marriage. Underlisted are some of the noticeable challenges:

1. Difficulty in proving the validity of the marriage if not registered

The optional nature of registering customary marriages often leads to serious legal difficulties. Although a customary marriage becomes valid once traditional rites are performed, failure to register it under the Marriages Act (Cap. 127) leaves it without documentary proof. This absence of registration makes it extremely difficult to prove the marriage in court, especially in cases involving inheritance, property division, or custody disputes. Many couples mistakenly believe that completing traditional rites is sufficient legal protection. In reality, unregistered customary marriages leave spouses — particularly widows — vulnerable to losing their marital rights. Registration, therefore, transforms a valid union into one with full legal enforceability.

2. Possible disputes over property or children upon dissolution

The dissolution of customary marriages remains a major challenge due to its informal and non-uniform nature. Unlike ordinance marriages that require a court decree, customary unions are often ended by family elders through traditional procedures, which, though inexpensive, create ambiguity in matters of property and child custody. Since customary law varies among ethnic groups and is largely unwritten, there are no standardized rules for asset division or custody arrangements. Before Mensah v. Mensah [2012] SCGLR 391, many women lost their marital rights despite significant contributions. Although the Supreme Court now recognizes both direct and indirect spousal contributions, disputes persist — especially when marriages are unregistered or when families contest ownership and custody decisions.

3.Lack of an absolute decree of dissolution.

A notable shortcoming of customary marriages is the absence of an absolute decree of dissolution, unlike ordinance marriages, which require a formal court judgment to conclusively end the union. Under customary law, dissolution is often carried out by family elders or traditional authorities, whose decisions are based on mediation and consensus rather than enforceable legal orders. Consequently, when one party feels cheated or dissatisfied with the outcome, they may refuse to accept the elders’ decision, leading to repeated appeals and ongoing disputes. This lack of a definitive legal conclusion often results in a prolonged or inconclusive dissolution process, leaving both parties in uncertainty and, in some cases, complicating future relationships or remarriages.

4. Lack of international recognition

A major challenge customary marriages face today is the lack of international recognition. Although valid in Ghana, customary marriages are often not accepted abroad, particularly in countries that only recognize monogamous civil or ordinance unions. This becomes problematic when applying for spousal visas or immigration benefits, as foreign embassies typically require an ordinance marriage certificate. Even if registered under Marriages Act CAP. (127) customary marriages may face rejection if they permit polygyny or lack formal legal characteristics. Consequently, couples intending to relocate or secure international legal benefits are advised to convert their customary marriage into an ordinance one or marry under ordinance law from the outset.

5. Polygyny and its social or emotional complications

One of the most debated limitations of customary marriage is its polygynous nature, which allows a man to marry multiple wives if proper customary rites are observed. While this reflects traditional African family structures, it creates social, emotional, and financial complications in modern society. Polygynous households often experience tensions over affection, inheritance, and resource sharing, with women facing insecurity when new wives are introduced. Legally, polygyny complicates succession and estate distribution, as rights must be balanced under PNDCL 111.

6 . Polygyny undermining gender equality

Additionally, there is a growing public debate over the polygynous nature of customary marriage. Critics contend that allowing only men to marry multiple partners is inherently discriminatory and incompatible with contemporary notions of gender equality. Some have argued that if men are permitted to take several wives under customary law, then women should equally have the right to multiple spouses. Others, however, suggest that rather than extending polygamy to both genders, the focus should be on promoting monogamy as a fairer and more balanced marital framework in modern Ghanaian society.

Conclusion

Customary marriage in Ghana remains a vital institution that embodies the nation’s cultural identity, family values, and social cohesion. Its simplicity, affordability, and community-based nature make it accessible and meaningful to many couples. However, the lack of formal registration, challenges in dissolution, limited international recognition, and gender imbalances expose its legal and social vulnerabilities. These shortcomings highlight the need for modernization — not to erase tradition, but to harmonize it with contemporary principles of equality and legal certainty.

Final Thoughts

Your wedding is more than a celebration; it’s a foundation for your future. Choosing a customary marriage is a beautiful way to honour your roots, uphold your family traditions, and celebrate love in its most authentic cultural form. However, this choice should go beyond symbolism — it must also align with your values, legal awareness, and long-term goals as a couple. Understanding both the advantages and challenges of customary marriage empowers you to make informed decisions that protect your rights while preserving your heritage. In the end, the strength of your marriage lies not only in tradition, but in the clarity, unity, and purpose with which you build your shared future.

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Continue Reading

Interested in learning more about marriage laws and procedures in Ghana? Explore our related articles below:

• Understanding Customary Marriage in Ghana: A Guide for Young Couples and Foreigners.

• What is an Ordinance Marriage in Ghana? Is it the same as a Civil Marriage? What makes it legally valid and how is it registered?

• Why Should Your Marriage be Registered: The Hidden Benefits of Legal Recognition.

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