Brief Note on Customary Divorce

Brief Note on Customary Divorce

Discussions on the types of marriages celebrated in Ghana have in recent times given the impression that persons married under the ordinance have more advantages than their counterparts married under customary law. 

Although this assertion may be true in some very limited instances1, spousal rights under the 1992 Constitution2 and some enactments like the Matrimonial Causes Act, 1971 (Act 367), Wills Act, 1971 (Act 360)3, Criminal Offences Act, 1960 (Act 29)4 and the Intestate Succession Act, 1985 (PNDCL 111) do not discriminate against spouses under either type of marriage.

It is my opinion that when it comes to the dissolution of marriages (divorce), Act 367 actually offer more advantages to the parties to a customary marriage than it does tomonogamous marriages (ordinancemarriages).

Divorce under customary law depends on the laid down procedure of the custom of the parties. The grounds and procedure for divorce, therefore, differ from tribe to tribe. It is worth noting that a customary divorce must be registered with the parties making a statutory declaration stating that the marriage has been dissolved in accordance with customary law.

Although Act 367 was enacted generally to make provision for the dissolution of monogamous marriages, section 41(2) of the said Act makes the Act applicable to other forms of marriages including customary marriages. Unlike monogamous marriages where the sole ground for dissolution of marriageis that the marriage has broken down beyond reconciliation, sufficient justification for divorce under customary law includes the facts recognisable under the personal law of the parties to the divorce (that is grounds for divorce according to their custom) as well as any of the following:

  • wilful neglect to maintain a wife or child;
  • impotence;
  • barrenness or sterility;
  • intercourse prohibited under that personal law on account of consanguinity5, affinity6or other relationship; and
  • persistent false allegations of infidelity by one spouse against another.

Act 367 provides reliefs beyond what a party to a divorce may be entitled to under their custom, some of which may be easily breached by one party and may end up in a court of law anyway. There have been cases where family harassment has pushed parties to surrender rights (like child custody) that may have been granted him or her during the customary divorce. Some of the available reliefs under Act 367 include financial provision for  the spouse, financial provision for children, property settlement, orders on child custody, conveyance of title to property, restraining orders significant among them being an order preventing a spouse from removing children from the jurisdiction and an order preventing a spouse from harming the other, orders preserving assets etc.

A quick look at the above shows that customary law divorceunder Act 367 has a broader scope in termsof theavailable grounds for seeking divorce as well as the reliefs a party may be grantedafter the customary marriage is dissolved. Persons married under customary law should therefore not feel limited to their peculiar customs in seekingthe dissolution of their customary marriage. The process for dissolution remains the same as for ordinance marriages with the presentation of a petition for divorceat thelawcourt.

1 To some modern Christians, one disadvantage of customary marriages is that it is potentially polygamous.

2 See article 22

3 See section 13

4 See section 79(1)(a)

5 Relationship by blood or kinshipties

6 Relationship created bymarriageties

REFERENCES:

Ahwireng-Obeng Frederica, “Contemporary Principles of Family Law in Ghana”, 1stEd, 2015

Offei E. William, “Family Law in Ghana”, 4thEd, 2014

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  • comment-avatar
    Solomon Ackah 4 years

    Do you I have to go court to dissolve a customary marriage.

    • comment-avatar
      Rebecca Yankey 1 year

      I married my husband 13yrs ago under the customary marriage without registering,we have not divorced but has recently marry another woman at the registry without seeking my consent,what should I do.

      • comment-avatar

        Customary marriage is potentially polygamous. This means that where you custom allows polygamy, you can marry more than one spouse. The catch however is that the second and possibly third marriages will also have to be customary marriages. If he married the second person under ordinance, the second marriage is likely invalid and he may have committed a criminal offence, bigamy. What do you mean by registry? Registering a customary marriage at the assembly registry does not make it an ordinance marriage. It remains customary.

  • comment-avatar

    You can choose to go to court to have a customary marriage dissolved. You can also choose to dissolve it by custom. Both options are available.

    • comment-avatar
      Isaac 4 years

      Can I have your contact please?

    • comment-avatar
      Paapee 4 years

      If your partner send your drinks to your family and the marriage is registered can you go to court to dissolve the marriage??

      • comment-avatar

        If the marriage rites of your custom/ethnicity entails sending drinks to the family of the bride, then by that custom, you are validly married, and in compliance with law, properly registered as a customary marriage. Under these circumstances, dissolution in court is an available option by law. Remember that predominantly, your particular custom determines how marriage is contracted.

        • comment-avatar
          Sam 4 years

          Can one marry more wives under customary marriage and have them all certified in court?

          • comment-avatar

            1. Marriage under the ordinance (what you referred to as court certified) is between one man and one woman only.

            2. After one ordinance marriage, you cannot marry another woman even under customary law. It is invalid. You will need to dissolve the ordinance marriage first.

            3. Customary marriage is potentially polygamous. That means you are not restricted to the one man one woman rule. Your custom determines the rules.

    • comment-avatar
      Samuel 4 years

      I really need a lawyer can anyone be of help

  • comment-avatar
    James 4 years

    Interestingly, I went to the AMA to inquire about dissolution of customary marriage and I was told, I needed to have the marriage dissolved among the two families first before filing a petition.

    • comment-avatar

      Dissolution of a customary marriage by custom first is not a stated prerequisite for the dissolution of customary marriage in court. I find it interesting too that they told you this.

      • comment-avatar
        Paapee 4 years

        If your partner send your drinks to your family and the marriage is registered can you go to court to dissolve the marriage??

    • comment-avatar

      If one party is not willing to divorce but the other party is being persistent and insistent to do. Should this make the former overwhelmed and for which matter he decides to give the divorce, per the customary aspect, what should he send to the inlaw incase the one who wants the divorce is the woman.

      Secondly, the woman is the one who wants the divorce, what benefit will the man get out of this in case he grants it to her?

      • comment-avatar

        First part of your question: your custom determines the rules of customary divorce. Just as you sought guidance on how your customary marriage is conducted, you can seek same guidance on how customary divorce is carried out.

        Second part of your question: the reliefs available in law upon divorce is not gender specific. From the article, any relief provided in law is available to both spouses. Based on the circumstances of the case, the court determines who gets what and how unless the two parties can settle on that (this must be accepted and adopted by the court).

        • comment-avatar
          Francisca naa 3 years

          Good morning.pls how can I get your number please

  • comment-avatar
    James 4 years

    If your partner present your drinks and the marriage is registered can you proceed to court for resolution??
    Or what should you do?

  • comment-avatar
    Yiadom 4 years

    If you divorce through the customary means, what documents would you need to cancel the customary registration made at KMA.

    • comment-avatar

      Please visit the assembly and inquire from them as they may have laid down procedures to enable persons comply with the law which requires registering the dissolution of customary marriages.

      • comment-avatar
        Joshua 4 years

        Pls we are married by custom which we named as engagement, after several problems between I and my wife, she decided to dissolve the marriage by bringing the schnapp and the engagement ring to my work place , she later took away the schnapp and the engagement ring due to advice from unknown person. We have a two years old girl living with my wife and her mother whom I’m taking care of. I want to go with my family to settle and dissolve the marriage but I don’t know what to do. Can her family also take me to court if they don’t like to settle the dissolution at home? Pls advise me.

        • comment-avatar

          Customary divorce and dissolution of marriage in court are both open options for you. You can proceed to have the marriage dissolved under custom.

          However, either party can bring dissolution proceedings in court. Your spouse can therefore petition the court for divorce.

          • comment-avatar
            James 3 years

            What if your marriage is not registered? Can divorce proceedings commence? 

          • comment-avatar

            Registration does not affect the validity of the customary marriage. Failure to register therefore does not affect your ability to carry out divorce proceedings.

          • comment-avatar
            Glad 11 months

            Hello dear. Kindly help me with this issue. We got married both traditional and at church and registered at TMA. On both church and court certificate, it is indicated that “married under customary law”. Does this mean i can resolve the marriage through my custom? We have a 13yr old daughter and i want custody of her. What’s the way forward? Thank you aunty

  • comment-avatar
    Eric 4 years

    To divorce customarily. Is there an amount you have to pay to your wife?

    • comment-avatar

      It depends on the custom under which the customary marriage is contracted and can also be based on the agreement you may reach with your wife’s family or those who are in charge of the dissolution according to that custom.

      For example, some customs in Ghana take drinks (returning the drink used in contracting the marriage) and may demand that the husband provide for the children only.

  • comment-avatar
    Jonas 4 years

    How do you dissolve customary marriage that was not registered.

    • comment-avatar

      By custom or by dissolving in court.

      Note that registration of customary marriages provides proof of the said marriage and does not render it valid. Failure to register will therefore not necessarily invalidate the marriage.

      • comment-avatar
        Kofi Ashong 4 years

        This is interesting! Can I explore this with you further. Is the legal obligation to register the traditional marriage only to provide proof and not necessarily to recognise it in law?

        • comment-avatar

          My position stems from the following reasons:
          1. Registration happens after the marriage has already been contracted.

          2. The language used in section 2(1) of CAP 127 is “may” which is not mandatory. Despite the position of the law that “may” may sometimes be read as “shall”, this particular context remains to be interpreted by the law courts. Also, to the best of my knowledge, the Minister of Justice has not yet penalised failure to register.

          3. Under section 15 of CAP 127, failure to register does not affect a surviving spouse’s position to benefit under the intestate succession law so long as that spouse can show proof of customary marriage through other evidence (oral/documentary).

          4. Registration does not form part of the validity of a customary marriage and is a requirement after the fact of a validly contracted customary marriage.

  • comment-avatar

    Please what if u have separated for 4years and returned the drink to the family. Meanwhile the man is not taking care of the children even before the separation. Will the children be taking for the man and what is the next step

    • comment-avatar

      Separation is not a part of our laws. If you are married under customary law only and returning drinks signifies a divorce in your custom, then you are divorced. You can take legal action for maintenance (financial support) for your children.

      The court decides on matters of custody of children when one of you makes such a claim or if the court determines that it is in the best interest of the children that a custody order is made. The welfare of the children is paramount.

  • comment-avatar

    Can I get your number

  • comment-avatar
    Afua Boatemaa 4 years

    My husband and I are legally married but he now says he wants us to cancel the court marriage and stick to the traditional marriage. Is it possible to do that?

    • comment-avatar

      My understanding is that you married under custom and then did the ordinance marriage. If that is so, then your customary marriage has been converted into an ordinance marriage. If you dissolve the ordinance marriage, your marriage comes to an end by law. The customary marriage which converted to marriage under the ordinance will not remain. He will have to marry you again under custom.

    • comment-avatar
      Martha Nyarko 3 years

      I performed a customary marriage and later went to signed at the register generals department.
      He was not taking care of the children I act as a man and a woman at the same time, I decided to separate from him and over two years now he has not visited us nor taking care of the children.
      I want a divorce and I consulted a lawyer, he said I can present a bottle of schapp and an amount of ten ghana cedis to the family if I don’t want any share of a property and that would be all.
      Please advice me

      • comment-avatar

        Ordinance marriage which seems like what yours is, can only be dissolved by a court and a divorce certificate will be issued to you. Unless your marriage is solely customary, then you can use the customary divorce procedure of your ethnicity.

  • comment-avatar
    Queenster 4 years

    I have returned the head ram(schnapps) to my husband’s family and it has been 1 and half years and we have been separated for the past 2 years. I now want to petition the court for a divorce. How long is it likely to take?

    • comment-avatar

      Many factors affect the duration of divorce proceedings.

      1. The court will first see if reconciliation is possible. You may be given time to see if you can settle your differences.

      2. If divorce is the only way out, then if the two of you are able to agree quickly on the settlement terms of your divorce, the court can adopt that agreement and dissolve it after you prove that the marriage has broken down beyond reconciliation.

      3. Different judges manage their courts differently. One judge may take consecutive days to deal with a matter. Another judge may attend to a case within a longer time frame.

      4.Then there are the usual court delays like adjournments due to several other factors.

      Giving a specific period is therefore impractical. While some have lasted some months to a year, others have lasted up to two years depending on the parties conflicting demands and the number of issues to be settled by the court.

    • comment-avatar
      Ntifo Cephas 1 year

      I suspected my wife for infidelity for a number of years and confronted her on countless occasions but she denied.One day she called me at dawn and poured out the truth.I informed her parents,when we were called she confirmed what she told me before her parents. Three-years is passed, just last week, she summoned me and in discussing of the case, I was asked to percify her because I don’t have any concrete evidence. I thought her confirmation alone is an evidence.

  • comment-avatar
    Akwasi 4 years

    Please what if i marry under customary law and I marry another person under ordinance. Which of the marriages is valid and which one is invalid?

    • comment-avatar
      Nelly Wallace 4 years

      Akwasi after you marry under customary law, you cannot marry another person under ordinance. Doing so is a crime of bigamy. Your ordinance marriage is invalid. You will have to dissolve the customary marriage first before you can have a marriage under ordinance.

      • comment-avatar

        That is correct.

        • comment-avatar
          Jay Dee 2 years

          What if you married under customary law but has not yet been dissolved, can you marry another person under customary law again?

          • comment-avatar

            Yes. Customary marriage is potentially polygamous. This means that where you custom allows polygamy, you can marry more than one spouse.

    • comment-avatar
      PY 4 years

      Just as Nelly said, the customary marriage is also a LEGAL marriage. So, marrying another person under ordinance (where it is one man, one wife) means you have to dissolve your customary marriage. In most churches where ordinance marriage is preferred, you’re asked if you have or have not been married before to avoid some of these issues.
      Maybe, the best way is to marry both women under customary law (which is potentially polygamous). Else, where ordinance is to be preferred, be prepared for a “one man, one wife”.

      • comment-avatar

        Most grateful for the assistance.

        • comment-avatar
          Liberty Akitse 3 years

          Pls is it only the returning of the drink the divorced person gets or she is entitled to any property acquired during the customary marriage

          • comment-avatar

            Custom usually determines the mode of a customary divorce and who gets what. That is why I wrote the article to draw people’s attention to the fact that you can dissolve a customary marriage in court. A court will more likely deal with issues of sharing acquired property, than custom.

  • comment-avatar
    AFFOH EDWARD 4 years

    Please I have been married for 7 years now. I feel to divorce my wife cos she doesn’t support any idea I shear with her.
    Secondly, she always accuse me falsely. The marriage is under the ordinance. Please can I seek for divorce on this ground? If yes please is there any amount I will pay to her?

    • comment-avatar

      Lawyer Nelly Wallace replied:

      Affoh, if you can prove that these reasons are unreasonable behaviour and due to that you cannot stay married, then yes you can go for a divorce.
      The amount is dependent on filing fees and the legal fees you pay to your lawyer.
      You can enquire from the court’s registry about the filing fees but the legal fees is solely dependent on your lawyer.

  • comment-avatar
    Justice 4 years

    I’ve been given back my rings,marriage cert and the drinks. For the sake of emphasis, i’m an Ashanti.Do i need to go to court to file a divorce? If yes, please what’s the procedure?

    • comment-avatar
      Nelly Wallace 4 years

      Justice, if I understand you correctly, by rings and certificate you mean to say you married understand the ordinance. If that is so, then the only way of divorce is through the court.

      This is so because as earlier explained by Selasi, the traditional marriage that you presented the drinks for becomes invalid the very moment you converted it to ordinance. Therefore your custom Ashanti regarding marriage will not apply here due to the conversion.

      However, if your marriage was solely traditional, and your custom allows for divorce or dissolution by the returning of rings, certificate and drinks, then you will need not go to the court.

  • comment-avatar
    Ewoenam 4 years

    Please a friend of mine got married under the ordinance marriage and the lady left because of some misunderstanding ,without them divorcing now my friend impregnant another woman who is leaving with him and now the first lady wants a divorce so she file for the divorce at the court with the facts that the man has given birth with another lady.so now what will happen to my friend (the man) ? And is the case now a criminal one because he give birth with another lady?

    • comment-avatar

      Giving birth with a person other than your spouse is not a criminal offence. If you mean the offence of bigamy, your friend should have married the second lady while still married to the first lady to have committed that offence. The only thing that may happen is divorce which his spouse has already filed for.

  • comment-avatar
    Nelly Wallace 4 years

    Affoh, if you can prove that these reasons are unreasonable behaviour and due to that you cannot stay married, then yes you can go for a divorce.
    The amount is dependent on filing fees and the legal fees you pay to your lawyer.
    You can enquire from the court’s registry about the filing fees but the legal fees is solely dependent on your lawyer

  • comment-avatar
    Kwaku 4 years

    Please help with this. Is knocking (Kckcckc) a form of marriage. I introduced myself to my partner’s family that when ever they’re looking for her she can be found in my home. We have lived together for sometime now(6 years + ) and we have a baby boy who is now 2 years old. The lady is disrespectful and arrogant . I was thinking she could change for the better so I can married her but the situation keeps getting worse. I once told her I will send her to her parents and she treat me that she will never leave my family house until I rent a place for her, and give her some settlement money though I intent to take full responsibility of our 2 years old son when I send her always. What does the law says about such situation. We are neither under the customary marriage (engagement) nor the ordinance . What does the law says in this situation

    • comment-avatar
      PY 4 years

      Hi Kwaku,
      “Knocking” is usually NOT marriage. It is an official introduction you make to the woman’s family of your intent to marry their daughter. You may liken it to a marriage proposal. The fact that one proposes love to you does not make you too married couple. Thus, it is not legally binding.
      BUT…
      1. You have a child now, the child’s welfare is paramount.
      2. If the family can proof that what you term as knocking is actually a marriage ceremony, then it may be possible to go through divorce to dissolve the “marriage”.
      3. The major benefit of marriage is the legal “protection” it offers. You were not legally married and were living together for 6 years, what if the woman or her family sues you for kidnap since you both were legally not married?

      Those are my “common sense” opinions and I stand to be corrected.

  • comment-avatar
    Mark 4 years

    Can you get married to another person under marriage by ordinance who has been married under customary law but haven’t divorced.

    • comment-avatar

      No please. You cannot marry a person under ordinance who is already married under any type of marriage. The customary marriage is a valid marriage recognized under law. Unless you intend to marry such a person by custom (because customary marriage is potentially polygamous), you cannot marry him/her under ordinance.

  • comment-avatar
    mercy 4 years

    I have been married for 7years.it has been tough and now my husband want to divorce me and claim my two kids 5years and 2years respectively.what do i do?

    • comment-avatar

      Please get a lawyer to assist you deal with the issues of divorce, child custody and maintenance. These are all matters the law regulates.

  • comment-avatar
    mercy 4 years

    I have been married for 7years.it has been tough and now my husband want to divorce me and claim my two kids 5years and 2years respectively.what do i do?

  • comment-avatar
    Emefa 4 years

    Hi,
    I was married customarily in Ghana, then moved to the U.K. with my husband, for the last 20+yrs.

    He travelled back to Ghana to dissolve our marriage to my step brother! Without my consent.
    My question is. Is it possible to do so? I have petitioned for a divorce here in the U.K. but he’s told the courts that he’s already been to dissolve the marriage. Is that considered as a divorce?

    Would really appreciate your help. Thanks
    Emefa

    • comment-avatar

      Your customary marriage was converted to an ordinance marriage immediately you moved to the UK as a married couple. Customary divorce is therefore not an available option for divorce. Divorce must be by the court.

      Besides, customary divorce must comply with laid down custom and not just be any manner. From the tone of your comment, your custom does not specify a divorce to your step brother.

  • comment-avatar
    Bernice k 4 years

    Please as a woman is it right to return the drinks alone?

    • comment-avatar

      Right or wrong should not be a major concern. Your custom sets the rules. What does your custom say about divorce? Do find out.

  • comment-avatar
    Kwadwo Husein 4 years

    Pls I have problem about custody and settlement but I would prefer I talk to u privately can u give me a platform for that either email or contact number?

  • comment-avatar
    Akyaa 4 years

    Hello, I was married customarily and by ordinance. Do you know of any laws which state that customary marriages convert to ordinance, when both are contracted? The ordinance marriage has been dissolved by court, wondering if I have to dissolve the customary marriage as well. Your input will be appreciated, thanks.

    • comment-avatar

      Customary marriage converts to ordinance marriage when the latter is performed after a validly contracted customary marriage. That is the law. An ordinance marriage can only be dissolved by a court of competent jurisdiction. After the dissolution, the marriage ends. That settles it. The customary marriage does not remain, to be again dissolved.

      However, if by reverence or deference, you choose to dissolve by custom in addition, it adds or takes nothing away from the new status quo.

  • comment-avatar
    Stephen 4 years

    Married under ordinance and your wife is flirting around,sleeping out side of her matrimonial home can i file for divorce?
    Would i settle her

    • comment-avatar
      PY 4 years

      Nelly Wallace already answered a similar question asked by Affoh Edward above…

      HERE IS A COPY:
      Lawyer Nelly Wallace replied:

      Affoh, if you can prove that these reasons are unreasonable behaviour and due to that you cannot stay married, then yes you can go for a divorce.
      The amount is dependent on filing fees and the legal fees you pay to your lawyer.
      You can enquire from the court’s registry about the filing fees but the legal fees is solely dependent on your lawyer.

    • comment-avatar

      The single ground for divorce is that the marriage has broken down beyond reconciliation. You can establish this by showing any of the following:
      Adultery
      Unreasonable behaviour
      Desertion
      Failure to live to together as husband and wife (2yrs)
      Failure to live to together as husband and wife (5yrs)
      Inability to reconcile differences

      Proerty settlement is determined by the court. The facts of your case will help the court make that determination. Joint property may also be shared upon the grant of dissolution in a manner determined by the court. Issues of child custody and maintenance of the spouse and children will also be dealt with.

  • comment-avatar
    Kwesi 4 years

    We got married in church after the traditional one. We didn’t go to the registrar or to register our marriage prior to or after. The certificate given to us by the church stated that marriage under customary law. There is no reference to the jurisdiction of the marriage and no coat of arm on the church marriage certificate. What does this mean? Does it mean that we have to go to the marriage registry for it to become an ordinance.

    • comment-avatar

      You need to convert the customary marriage into an ordinance marriage. The marriage registry will guide you with the process.

  • comment-avatar
    Kwesi 4 years

    I have been married for 11 years under traditional marriage, lawyer it has been hell. My wife doesn’t respect me, l pay her money before she sleeps with me and a whole. I complain to her family and nothing changed. So l dated someone and when she find out it wasn’t easy. She raised curses on me and threatening to hurt me or herself. So l moved from home but was going there to give here money for herself and the children. We have sat on this issue for months but no solution. Anytime l visit home she try to provoke me. I went with my family to her family to dissolve the marriage but her family didn’t agree saying denial of sex in marriage is not a ground for divorce. The lady is really killing me slowly. Please what should l do.

    • comment-avatar

      The single ground for divorce is that the marriage has broken down beyond reconciliation. You can establish this by showing any of the following:
      Adultery
      Unreasonable behaviour
      Desertion
      Failure to live to together as husband and wife (2yrs)
      Failure to live to together as husband and wife (5yrs)
      Inability to reconcile differences

      Some courts have ruled that willful refusal of sexual intercourse is unreasonable behaviour.

      You do not require your wife or her family’s consent before you file for a divorce. You can go ahead if you believe your marriage has broken down beyond reconciliation. The court will hear you and determine the matter.

      You can apply to court whether the marriage is customary or under ordinance.

  • comment-avatar
    Peincess 3 years

    If someone had his marriage dissolved by customary law, can he go ahead to marry under the ordinance law in his next marriage?

  • comment-avatar
    Kobby 3 years

    I need help, I am married under ordinance marriage and I will like to know if I can revised it to customary marriage?

    • comment-avatar

      No you cannot. Marriage can be converted from customary marriage to ordinary marriage but not the other way round.

  • comment-avatar
    Renata 3 years

    I am married under ordinance for 5years but all I have suffered is verbal nd emotional torture till now. My husband even told me that he doesn’t love me nd that he married me cos I got pregnant. He is always asking why we r even still together, but when I ask that we get a divorce, he doesn’t agree with me.i seriously want a divorce cos I feel the pain nd waste of time is too much for me. What do I do pls?

  • comment-avatar
    Renata 3 years

    Pls I need a lawyer urgently

  • comment-avatar
    Cool J 3 years

    How do the courts determine property rights under a customary setting? Been married for 13 years and been the bread winner of the house, paying all Bill’s etc although my partner works and earns money… I have some properties under my name which I solely financed with my money without her contribution. We have 2 boys. Am I obliged to give her property even where she dis not contribute to its acquisition and used her money for her own property?

  • comment-avatar
    Togbe Kofi 3 years

    Please my wife left her matrimonial home to rent a place with the assistance of another man who she is seeing or in relationships with. Meanwhile our marriage has not been dissolved. I married her under ordinance and currently have the marriage certificate with me. Somewhere along the line she agreed to remain in the marriage but that she would like to remain at where she rent the room. But what I have noticed is that she has been going out with the man and even post their pictures on WhatsApp status. Can I cause the arrest of the man as I see him as the cause of breakdown in my marriage.

    • comment-avatar

      Adultery is not a crime in Ghana. It is however one of the grounds which you can use to prove that the marriage has broken down beyond reconciliation. The same applies to deserting your marriage and unreasonable behavior. Failure to live together as a couple for 2 years or 5 years also count.

  • comment-avatar
    Sanaa 3 years

    I am an American woman who married a Ghanaian man under marriage ordinance. He was previously married through the customary practice. Before we were married he explained that he divorced his ex-wife by asking for his drinks back (he’s from the Ga tribe). I just learned from his close friend that the ex-wife refused to give back his drinks or to accept hers that was given to him. Now I believe that my husband has committed bigamy. How can I found out the truth as I still live in the US and visit Ghana  several months at a time? If he has committed bigamy he won’t dare admit this to me as he know I will leave him. His family even attended the ceremony!! I appreciate any sound advice given.

    • comment-avatar

      There is no accessible database you can use to find the information you are looking for. However, you may search at the assembly in which the customary marriage was performed; perhaps the customary marriage or divorce were registered and there may be evidence of it. What you require is investigative work.

  • comment-avatar
    Bahdwenba 3 years

    Hello , can a customary marriage be resolved in court ?

  • comment-avatar
    King 3 years

    How do you dissolve customary marriage in England? The official engagement ceremony took place in Ghana, but we live in the United Kingdom. Our in-laws however live in Ghana.

    Also is it possible for one party to refuse to accept and dissolution and favour of finding resolutions?

    Kindly advise.

    • comment-avatar

      Your customary law was converted to ordinance marriage once you moved to the UK. You can dissolve the marriage in court.

      The court usually gives time for possible reconciliation but after that, a spouse cannot compel the other spouse to stay married.

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        King 3 years

        Many thanks for your response. We have never registered the marriage or signed any documents for it. All we did was the customary marriage between family, witnesses and friends.
        Does this still convert to ordinance once we returned to the UK?

        In that case, does it mean either party can go ahead and start divorce proceedings?

        What is the timeframe that the court gives for reconciliation?

  • comment-avatar
    Claire 3 years

    Good morning 
    When marrying traditional Ashanti, does the marriage need to have an certificate or paper document to be legal 

    • comment-avatar

      Customary marriage does not require registration to be valid. And the custom of their couple determines how the marriage is performed. Ordinance marriage must be registered and a certificate must be issued. It’s the type of marriage that determines whether a document is needed for it to be legal or not.

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    Jonasy 3 years

    I have been married for 4 years now under the customary marriage with two kids, an am the breadwinner of the family as my is not doing any formal work and my wife have suddenly suffered some ailment for the past three years which I have tried all my possible best. Her family is not cooperating with me to get to the bottom of the issue, they looked unconcern but are making it difficult for my wife to coperate with me to find a lasting solution to the problem. They together with my wife informally threatened me with divorce with the view that I am the cause of her aliment in addition to other unsubstantiated allegations against me. Am now fed up and I want to formally dissolve the marriage and also take custody of our two children. Any advice for me.

    • comment-avatar

      Please seek counsel from a family lawyer who can then assist take all the necessary legal steps. Many law firms offer these services.

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    Kwasi Ahenkora 3 years

    If I married in Ghana and divorced in Europe, is the divorce valid in Ghana?

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    Jon 2 years

    I.married customarily and the lady deserted the marriage
    My family presented drinks to annul the marriage and left the lady’s family home after they were booed and insulted when they presented the drinks.
    After so.many years I want to marry under the ordinance and the lady says I should compensate her or if I marry she will sue me for bigamy, is she right

    • comment-avatar

      If the dissolution was executed in compliance with your custom, then you two are divorced. If compensation was a fundamental prerequisite for customary divorce under your custom, then it may affect the validity of the divorce that your family contracted. Please take steps to find out about the requirements of customary divorce in your tribe.

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    Nat 2 years

    Can an unregistered customary marriage between a Nigerian and a Ghanaian be dissolved in Nigera

    • comment-avatar

      Generally, this should be possible but you will have to consult a lawyer or the marriage Registry in Nigeria to find out the position of their law.

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    Eddie 2 years

    We have been married for 10years. In fact it hasn’t been easy at all, from one problem to another. On a mutual consent, can both parties agree not to accept any form of compensation?. If yes, please how do we go about this? The marriage is under the ordinance.

    • comment-avatar

      Ordinance marriages can only be dissolved by a court. The two of you can communicate the desired terms of your divorce (including issues of compensation) to the court and if it is reasonable, the court may adopt it.

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    Don1 1 year

    Please I am married by customary in court, I filled for divorce and was issued the divorce certificate on just past Friday but my new husband apply for registration of our new marriage that will take place on next week .i want to know after divorce how long it will take me to register my new marriage in court again. And is it an offence not to disclosed to the court that am once divorced

    • comment-avatar

      There is no statutory timeframe for remarriage after a divorce. The answer to the second question is no.

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    Seth Adorkor 1 year

    Married at the court and gazzette. She has parked out of the house and left with the kids to the mothers place for a year now. Trust has been lost due to continuous accusations of infidelity. I want to divorce her customarily on the grounds of deserting her responsibilities. Six months out of the bedroom plus one year out of the house. How can I go about the divorce with less complications and minimize financial expenditure?

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    Isaac 1 year

    I married for 5years, The lady said she will not married me again, my family and her family came together to selt the issues,she’s no way. THEN she took posining ,she didn’t die. After discharge from hospital, her mother and her came to the house and picked all her things. In 9years I got married again. Pls have l down worrng thing.Now she is saying that we should divide the 3bedroom.but my lawyer is saying that no,because I didn’t sack her from the house. She picked out.any advised pls

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    Abdul 1 year

    I married more than a year now with 8 months old baby and I can’t handle my wife attitude and decided to discontinue the marriage we did engagement and signed at municipal assembly register customary marriage I told her I don’t want to marry again she should go back to her parents she said I should rent her a room she can’t go back there I agreed just before going to pay for the room she asked me to stop her parents invited me to know what’s going on I told them everything that she’s been doing and I can’t marry again they begged and I insisted I can’t continue the next day she told me her parents said I should go to where we signed to tell them I can’t marry her again please I need advice
    Is there any penalty or compensation for her I’m totally broke and I’m a foreigner too my shop owner has taken back his shop though I’m.still in Ghana and not ready to leave any time soon

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    Eddy 12 months

    Is the marriage certificate obtained through the district office and gazetted by the church the same as court certificate?
    So in terms of divorce ,how do I go about it

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