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?

When planning to get married in Ghana, one of the three legally recognized forms of marriage you will encounter is the Marriage Under Ordinance with the others being Customary Marriage and Mohammedan (Islamic) Marriage. It is governed primarily by the Marriage Act, 1884–1985 (Cap 127), and represents the only statutory or civil form of marriage in the country.

Sometimes known as Civil Marriage or Christian Marrige, it has deep colonial roots yet remains a vital legal framework for couples seeking legally valid and legally binding marital unions.

Understanding Ordinance Marriage

An Ordinance Marriage in Ghana may be defined as a voluntry union between a man and woman to the exclusion of all others designed to subsist for a lifetime that strictly adheres to all legal requirements under the country’s Marriage Ordinance Act. It is strictly monogamous, meaning that neither party can marry another person while the marriage is still in effect. The distinguishing feature of an ordinance marriage is its legal framework, which prioritizes full compliance with Ghanaian law.

Historical Background and Inception in Ghana

The system of marriage under the Ordinance was first introduced to the then Gold Coast during the British colonial period, through the Marriage Ordinance of 1884. Its purpose was to provide a Western-style, monogamous form of marriage similar to that practiced in England. This ordinance was primarily intended for Christians, educated elites, and colonial administrators, as it aligned with the Christian doctrine of “one man, one wife.” Over time, it became codified under the Marriage Act (Cap 127), which consolidates the various marriage laws enacted between 1884 and 1985.

Thus, while Customary Marriage reflects Ghana’s indigenous cultural traditions, Marriage under the Ordinance embodies a legal and religious importation from English law now known as Common Law or International Law, designed to provide legal certainty accross all international borders.

Why It Is Sometimes Called a “Christian Marriage” or “Civil Marriage”

Marriage under the Ordinance is often referred to as either a Christian marriage or a civil marriage, depending on where and how it is celebrated but legally, both refer to the same type of marriage.

• Christian Marriage: This term is used when the marriage is solemnized in a gazetted church by a gazetted officiating minister as authorized under the Marriage Act (Cap 127). The ceremony follows Christian rites interlaced with strict procedural requirements but its validity comes not from the church, but from the church's strict statutory compliance with the Marriage Act. The Christian aspect also undercores the vows or promise made before God to each other indicating that the married couples have covenanted with themselves before God.

• Civil Marriage: This refers to the same Ordinance marriage solemnized in a gazetted government registry or gazetted public or private venue. It is entirely secular, without religious ceremony, and is conducted by a government appointed Registrar of Marriages instead of a minister of religion. The phrase “civil marriage” comes from the legal aspect of this union. It emphasizes the government’s role in authorizing and formalizing the marriage while highlighting the contractual and legal nature of the union, ensuring both parties have equal rights and responsibilities under the law.

In essence, both Christian and civil marriages are statutory marriages governed by the same legal framework known as the "Marriage Act (Cap 127)." The distinction lies only in the venue and officiant, not in the nature or effect of the marriage.

Essential Features of a Valid Ordinance Marriage.

Under Ghana’s Ordinance Marriage, for any marriage to be considered legally valid and binding, there are certain conditions or requirements prescribed in the "Marriages Act, Cap. 127", that must be fully satisfied by intending couples to be deemed legally capable of entering into an ordinance marriage.

Below are the essential legal features that define Marriage under the Ordinance:

1. Capacity to Marry

Under Ghanaian Ordinance Marriage law, capacity to contract a marriage is a fundamental prerequisite for the validity of a marriage celebrated under the Marriage Ordinance (Cap 127). This concept refers to the legal competence of each party to enter into a binding marital relationship. Without the requisite capacity, the marriage may be declared void or voidable by a court of competent jurisdiction. The law requires that both the man and the woman must satisfy specific personal, mental, and legal conditions before contracting an Ordinance marriage.

Under the Ordinance, both parties must possess the legal capacity to marry; meaning they must:

• Be of sound mind,

• Be 18 years or older (as per the Children’s Act, 1998 (Act 560)),

• Not already married to another person under any recognized system of marriage, and

  
  

2. Free and Voluntary Consent

As with all valid marriages, mutual consent is crucial. One of the most critical pillars of a valid marriage under the Marriage Ordinance (Cap 127) is that both parties must give their free and voluntary consent to the union. Consent is the foundation of the marital contract, without which no valid Ordinance marriage can exist. A marriage entered into under duress, mistake, or deceit is voidable at law. This aligns with both common law principles and the constitutional protection of personal liberty under Article 16 of the 1992 Constitution.

3. One party must be male and the other female

Under Ghanaian law, the parties must be a male and a female, in accordance with their biological sex at birth. This principle reflects the long-standing legal and cultural understanding of marriage in Ghana as a heterosexual union, defined by both statute and judicial interpretation. The emphasis on “man” and “woman” as used in the law refers to biological sex, not gender identity or expression. The statute predates modern interpretations of gender fluidity and therefore confines legal marriage to persons whose sex at birth is male and female, respectively.

4. Monogamy

 The Criminal Offences Act, 1960 (Act 29), Section 74(1), provides a clear statutory definition of monogamous marriage. It states: “Marriage is the voluntary union for life of one man and one woman to the exclusion of all others.” This means that once two people are married under the Ordinance, neither spouse is legally permitted to marry another person during their lifetime, whether under the same law, under customary law, or any other system while the marriage still subsists. Any attempt to do so constitutes "bigamy", which is a criminal offence under Section 262 of Act 29. This exclusivity is one of its defining legal and moral characteristics of an ordinance marriage.

5. Prohibited Degree of Consanguinity

Under the Marriage Ordinance in Ghana, this refers to the legal and moral restriction against marrying a person who is too closely related to you by blood (consanguinity) or affinity (marriage relation). Thus, certain family relationships are expressly forbidden for marriage because such unions are considered incestuous, morally unacceptable, and legally void. The law forbids marriage between persons who share a direct line of ancestry or who are closely related by blood. For example:

• A man cannot marry his mother, sister, daughter, grandmother, granddaughter, aunt, or niece.

• Likewise, a woman cannot marry her father, brother, son, grandfather, grandson, uncle, or nephew.

Formal Features of a Valid Ordinance Marriage

Also known as the "Formal Validity of Marriage", these are procedural requirements or legal formalities that must be met by an intending couple before an ordincance marriage in Ghana can be considered valid. A central feature of Marriage under the Ordinance is the official registration and certification of this type marriage. The Marriage Certificate serves as prima facie evidence (sufficient evidence) of the marriage’s legality and is required for immigration processes, inheritance claims, and other administrative purposes.

Marriage under the Ordinance must strictly follow the underlisted statutory procedure prescribed under the Marriage Act (Cap 127):

1. Notice of Marriage — The parties must file a notice at the Registrar’s office expressing their intent to marry.

2. Publication and Objection Period — The Registrar must publish the notice for 21 days, allowing any objections to be raised.

3. Certificate of No Impediment — If no lawful objection arises, the Registrar issues a certificate authorizing the marriage.

4. Celebration of Marriage — The marriage may then be celebrated either:

   • in a licensed place of worship by an authorized minister, or

   • at the Registrar’s office by the Registrar.

5. Registration and Certification — Upon completion, the marriage is entered into the Marriage Register, and the couple is issued a Marriage Certificate, serving as conclusive proof of the union.

   
   

Important Notice: Failure to fully comply with these formalities in accordance to the step-by-step procedure outlined in the Marriage Act CAP. (127) may render the marriage void or voidable, depending on the nature of the defect. Always consult a Matrimonial Expert.

Commonly Used Terminologies in Discussions on Ghanaian Ordinance Marriage. 

1. Registrar of Marriages

The official appointed under the Marriages Act, Cap. 127 through the Registrar General's Department and the Office of the Attorney General to oversee the civil registration and regulation of marriages within a particular district or jurisdiction. The Registrar ensures that all legal procedures such as publication of banns, issuance of certificates, and record-keeping are duly followed. The Registrar’s office also maintains the Marriage Register, which serves as official evidence of legally recognized marriages.

2. Marriage Officer

A religious minister legally authorized by the Attorney General for to celebrate or solemnize marriages under the ordinance. Typically, this includes ordained ministers of religion licensed and gazetted to perform marriage ceremonies, as well as civil officers acting under the authority of the Registrar. The Marriage Officer ensures that the marriage is conducted in accordance with the law and that all legal formalities are observed during the ceremony.

3. Registrar’s Certificate

An official document issued by the Registrar of Marriages after all preliminary requirements such as the publication of banns or notices of marriage have been satisfied and no lawful objection has been raised. This certificate authorizes the couple to proceed with the solemnization of the marriage. Without the Registrar’s Certificate, any marriage celebrated under the Ordinance may be deemed irregular or invalid.

4. Solemnization

The formal ceremony by which a marriage is legally recognized under the Ordinance. It may take place either in a licensed place of worship (by a recognized minister of religion) or at the Registrar’s office (by a civil officer). During solemnization, the couple publicly declares their consent to marry before witnesses and the Marriage Officer. The process is completed when both parties and the officer sign the marriage register.

5. Caveat

A formal legal objection lodged with the Registrar to prevent the issuance of a Registrar’s Certificate when there is a lawful reason why the marriage should not proceed. For example, if one of the parties is already married, is underage, or if there is fraud or coercion, any person with knowledge of such facts may enter a caveat. The Registrar is then required to investigate the matter before allowing the marriage to continue.

6. Affidavit

A written statement made under oath or affirmation, used in the marriage process to confirm the truth of certain facts such as marital status, age, or consent. For instance, an intending spouse may swear an affidavit to declare that they are single or widowed, or that no lawful impediment exists to the intended marriage. Affidavits are crucial for legal verification and serve as evidence in case of disputes

Why Should You Consider This Type of Marriage

An ordinance marriage offers several advantages, including the enforcement of strict monogamy, which provides both legal protection and emotional security for the couple. It is internationally recognized, simplifying processes such as visa and residency applications abroad. The marriage certificate grants full legal protection under Ghanaian law, safeguarding the rights of spouses in matters of property ownership, inheritance, and spousal benefits. Its structured and transparent registration process minimizes potential disputes and ensures clear documentation for future reference. Additionally, couples have the flexibility to choose either a civil, religious, or secular ceremony, allowing them to align the marriage with their personal values while enjoying a legally recognized and secure union.

Final Thoughts

If you are looking to formalize your union with the assurance of legal validity and global recognition, the ordinance marriage may be the ideal path for you. For young couples and foreigners navigating Ghana’s marriage options, the ordinance marriage is a legally robust choice that offers monogamy, international recognition, and strong legal protection. While it is a civil marriage in its procedural nature, it can be tailored to suit both secular and religious preferences.

However, consulting a matrimonial expert when registering your marriage is crucial because the process demands strict compliance with all legal provisions and formal procedures prescribed in the Marriages Act CAP.(127). A single procedural error anc couples riskrendering their marriages invalid or void. To make the process seamless, consult experts kaysemarriageconsult.com who will guide you through every step with ease and professionalism.

Let Us Help You Do It Right

Interested in registering your marriage or making an enquiry? Contact us today and let us guide you through every step of the process with professionalism and ease.

As Ghana’s leading agency for expert legal referral services, you may also contact us for a referral to a qualified lawyer from our carefully curated list of experienced and high-profile legal professionals.

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

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

• Proper Registration of Marriages in Ghana: Understanding Legal Compliance Uner the Marriages Act.

• 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?

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