The Requirements for Ordinance Marriage in Ghana, Accras Business Operating Permit An Overview, http://laboneexpress.com/2016/01/new-marriage-registration-fees-for-2016-released/, Outline of The Ghana Court Marriage Procedure, Functions of Metropolitan, Municipal And District Chief Executives, Functions of District Assemblies You Should Know, Explore The New Mercedes Benz C-Class 2022, Range Rover Velar: The Avant-Garde Range Rover, African Art Photography for Your Living Space. 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? You can. Lynn, you do not need another marriage ceremony after you marry under the ordinance. It is interesting to note that, on a petition for divorce in Youll only need to do it once, and readership information is just for authors and is never sold to third parties. Mondaq Ltd 1994 - 2023. 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. At the moment I am not in Ghana, can someone marry my fiancee on behalf of me under the ordinance? Customary marriage is NOT precondition for ordinance marriage. J4/18/2013 Judgment of Supreme Court of Ghana delivered on 25th March 2015. Is there a place online to fine the guidelines so he can prove it to them if necessary? Thank you for the quick response. Unlike Customary and Islamic Marriages, the registration process begins before the ceremony is held. Hello George, please what is the address of the registry in Accra where one can file and also get married in? The entire idea of marriage is from religion. Thanks for the info above very helpful. The procedure for ordinance marriages is the same for every qualified couple. We have perform the Wedding also in an unapproved church building. We are constantly reminded of the consequences of our upbringing in Ghana regarding marriage when we hear one . Search your local courthouse website to find out the fee in your jurisdiction. Budget-Friendly. Inheritance - spouses can also benefit from the estate of the . Absolutely. Sorry, theres no legal form of marriage in Ghana presently like that. The following are some of the importance of registering your marriage in Ghana. I married my wife both customarily and by ordinance in 2010 in Kumasi but the marriage certificate was issued by SAEMA in Takoradi. George :I am Canadian male born here: I have married a lady from Accra Ghana but was not present, She my wife now got the family Lawyers to get the certificate of marriage and then they the lawyer and my wife signed it is gave him permission to sign for me and then that day we got married the lawyer sent me a copy of the certificate which I have but my question is it legal? (Adjei Continue reading "United States: Ghanaian Divorce, Issued While . You and your girlfriend may go to AMA again for a marriage and obtain the marriage certificate. The traditionally defined marriage is between a man and a woman, same sex marriage is against what the Bible teaches, so it is sac religious to marry two men . If not, u have done enough. 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. We are preparing to have an engagement ceremony very soon . 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. For both types of marriages, a marriage registration certificate is a legal testimony that a couple is married. We could not do the marriage counselling @ her church for some personal reasons. The conduct complained of must be severe and higher than the pls need help. good afternoon. 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? How do I go about getting an annulment of marriage in Ghana Africa in less than 10 days I was married on an ordinance please advise. Common law marriage benefits are the same as the advantages of being married legally. All Rights Reserved. Further, a petitioner must satisfy the Court that he/she finds 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. Your email address will not be published. Hello sir, please if it not too much I would like to have your contact or email address.I and my fiance is planning on getting married in Ghana but I would like you to assit us please, Hello, Please i have a bit of a query, my wife and i have been married for almost two years, and about to travel abroad, and shes getting a new passport since the old one is expired, does she have to change her name officially before going ahead and if yes, how is it done please. The marriage registration law doesnt demand that though. Generally, marriage in Ghana is recognized as a union between a man and a woman with the knowledge of both families of the bride and the groom. Specialist advice should be sought The court marriage can also be solemnised between an Indian and a . How do i go about the divorce please? action under section 40 of Act 367. Is it lawful? But must be present on the day of marriage/wedding. proceedings. Yes. Though there are no international guidelines on the age of . Is it possible. Thanks. I dont have a lawyer to recommend now, but I trust youll find a good one. Court Marriages are so cheap. The Disadvantages of Same Sex Marriage. 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!! Can a wedded man with three kids marry a lady hes interested in addition to his wife? Thank you. For Adultery to be proven, there I have a question, do you need witness for the ceremony? However, the Petitioner of the divorce, i.e. Please Im Sam. Your customary marriage may be valid still, but you have to speak with a lawyer, for help. You go to the Assembly Press near, Accra Poly with your marriage certificate to do a formal change of name. law on divorce in Ghana. It Offers Legal Security. Just as you dont want to dishonour God, you shouldnt dishonour your parents too. " the parties to the marriage have not lived 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. Can I go for the court marriage before the customary marriage and why if yes or no? . Islamic/Mohammedan Marriage is performed according to the the religious requirements of Islam. You can build wealth together. Mondaq uses cookies on this website. I have no family there only his would the marriage be the same bride with no family to witness how would it be excepted myself being older than my Husband. mutual agreement by both parties to be married. Often times, many mistakes the church/white wedding for Marriage under Ordinance. It is legal but must be registered also. Please my question is, am I at liberty to marry without going through any any long divorce process since someone has come to ask for my hand in marriage. important to note that a divorce petition cannot be issued within Please if your church has already registered for the Certificate at the Department of Register should u necessary go to A.M.A for marriage registration? If you mean you married in the customary way and blessed it in church, without filing a notice of marriage at the marriage registry at your District Assembly or the Registrar Generals Dept or the Court, and then you signed and are issued the Government Certificate of Marriage, your marriage is the customary type. Respondent". Hello gorge. Thank you. . We use cookies to ensure that we give you the best experience on our website. Respondent only after the Respondent has understood the ground cannot be relied upon. Hello sir, I have an American girlfriend who is coming down on the 2nd May,2016 for us to get married on the 5th of May,2016. lived together for more than six months after one becomes aware of make that spouse the deserting party. You would be issued a payment receipt after hav. We had our customary marriage certificate in 2013 what should we do to get an ordinance certificate and how long would it take. You can support each other in difficult situations in life. Thank u George. The Chaplain was not a registered chaplain to officiate the marriage. This is governed by Marriages Act (Cap 127) and is the only, strictly monogamous legal means of marriage in Ghana. The man and woman are required to be present at the ceremony. This is because some churches have officiants who have the license to perform marriages under the law. Customary marriage in Ghana is recognized by government under the Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112). 2. Can I legalize this marraige by optaining the right certificate? The Ordinance Marriage Ceremony & Certificate of Marriage. Thanks. In virtually all cases, gifts are offered and a dowry/bride price paid to the brides family. be established for the dissolution of the marriage, the Court shall Thank you. an allegation. That means that a party to a marriage that is less it has been so withheld, the Court may grant a petition for divorce Polygamous marriages are illegal under civil law, though are arguably considered to be legal under customary law . Case law What is the penalty count for bigamy. Or doesnt have to be necessarily your parents its optional once your 21yrs and over. However, for the avoidance petition". Although largely considered an unconventional form of domestic partnership, cohabitation is a growing phenomenon in Ghana. Prohibition of ejection of spouses. I am the 2nd wife. Can a Nigerian lady get married to a UK man in the Ghanian customary court? about your specific circumstances. #Anything happens to you,your wife and kids are protected. Yes, David. Consent is necessary to rely upon this fact. Thank you, Hello Geoge am Dela 28 ,married my fiance who lives in the USA traditionally but now we want to register our marriage .i went to AMA to enquire about that and they said I need to register first for 21 days but my fiance needs to be available but if she is not here in the country yet she needs to write a letter of CONCESSION LETTER to them before I can register .Our problem is we dont know how such letters are written .Can you help us or refer us to someone to help us in writing such letter .Thanks, Hi George, Im Nana kwadwo. I will like to know the implications of this, and if I can still go through the ordinance marriage or the court. I already have 4 kids with my wife to be. My wife and I happen to be married under the ordinance type of marriage, does her surname automatically changes to my surname. The Ghana marriage certificate are signed by the couple and four witnesses. the intention on the part of the deserting spouse to bring How do I go about in a marriage annulment after a customary marriage was after two weeks unknowingly signed in a church as ordinance one. Another important thing that is worthy of consideration in . Please send an answer to b_johnsonsr@msn.com ASAP so that I may avoid making a mistake! Alternatively, the partners may present the registrars certificate to a registered chaplain to officiate the marriage ceremony at a registered place of marriage. Where the party involved are adults or at 21 years or more, they dont require the consent of their parents in a court marriage. These figures were . 43 of Act 367 subject to the Chief Justice's power to transfer I need marriage guidance / consult. The wife asked the court to dissolve the marriage, give her half of the two plots of land with a house on it at Lashibi as a joint owner, an Audi car and the lump sum of GH?100,000. I traveled to have a baby and in my absence, he registered the other woman in the ordinance way. That's how just about every marriage starts. Most importantly, court marriages are completely legal, secure, and authentic because there are parameters set by the Governments of India to ensure the validity of marriage taking place in the court. elenco interpelli agenzia delle entrate superbonus. Once you have gathered all the necessary paperwork and money, you and your partner can apply for a marriage license by visiting your local court. for divorce. [21 . You must have your marriage ceremony within the timelines given under the law. Yes, any couple who have registered their marriage under customary law (which allows polygyny) can get an Ordinance marriage (which is strictly monogamous) in any government marriage registry located in Metropolitan and Municipal Assembly offices or at the Court in Ghana. two witnesses are present during the ceremony. Is it compulsory to have witnesses and what if you want it to be secret just between the two of you. The union is recognized under the Marriage Act of Ghana which contains all the requirements in Islamic law. And do not let anyone mislead you into believing that the father of your supposed fiancee shouldnt assume his role in his daughters customary marriage. The divorce petition is the document that starts divorce proceedings. best army base in germany . According to registrars in uk we cant because we are married. So if you went on to contract another marriage under ordinance whiles the first one subsists, you may have committed bigamy. Pls does each stage cost much? The change of name will be published in the Gazette, and a copy of that will be made for you. When i went to the court at Takoradi, they only took my details and that of my wife to be but i was not given Filing of a Notice of Marriage and Issue of Registrars Certificate for the stipulated 21 days. But you must know that after you ordinance marriage first, youre married validly and no other customary ceremony may be necessary to as it were validate it. 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. Urgent response needed please. Bigamy is only for two or more ordinance marriages involving the same person of 18years for a female and 21years for a male. I discovered this on the 4th Jan 2018. Can ordinance marriage be performed at home? But just knowing if it exists is still ok with us. Tanzania alott, Please is it possible to know the fees we need to pay please. the Court will ascertain and come to a conclusion. presence of the husband or can his father do it on his behalf or can the documents be sent to him for him to sign? You can have ordinance marriage. a petition, it must be sent to the Court in triplicate. In Ghana, although the legal age of marriage is 18, one can marry at 16 years old, with the consent of their parents. Church, chocolate, cats. Will do. Can you explain what I need to bring if any for documentation? Hi George, How do I find out the cost of the fees for 1) Filing a Notice of Marriage and 2) the Marriage Ceremony at the Registry? disadvantages of court marriage in ghanahtml5 interactive animation. A marriage shall be null and void if both parties knowingly and wilfully acquiesce in its celebration in any place other than the office of a registrar of marriages, or a licensed place of worship (except where authorised by the Principal Registrars licence), or by a person not being recognised minister of some religious denomination or body, or a registrar of marriages. not grant a petition for divorce unless it is satisfied, on all the and wife after the date of the occurrence of the last incident Moreover, you don't need to spend money on gifts, food, flowers, decorations, etc. The Representatives from both families must be present during the presentation, and the gifts and dowry must be accepted by the brides family. We are coming to Ghana soon for 10 day and I would like to start the process now . This is one of the major issues faced by people going for inter-caste marriages. If possible Marriage Is A Religious Sanction. Adzo, although the law permits your husband to have as many wives as he can afford under customary law, he is not permitted to perform ordinance marriage with any of the wives or any other woman. Court marriage can be performed between two Indians irrespective of their caste, religion or creed. We made a decision to get married under the ordinance.and do the marriage ceremony after school and we both working. Now my question, is this marriage valid by ordinance? Can u recommend a good lawyer though? Hi George,so want to find out if there are any processes to go through if the venue for the wedding(ordinance) is not a registered place by the registrars department. Theres no special requirement for you to meet. It creates real equality from a government perspective. To issue Therefore, this is where the law against bigamy comes to play. The divorce petition is the document that starts divorce And how long does it take, cos we are traveling in tourist visa we dont have much time to stay to the country:) I really appreciate if u give me some info? And my wife is out of the country. Legal Backup. Thoroughness. the marriage is registered at the District Office with the Registrar of Mohammedan marriages and divorces within one week of the marriage ceremony. 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. Drawing on in-depth interviews conducted with cohabiting couples in Accra, Ghana, this study focuses on the . Yes, witnesses are essentially part of the marriage procedures. We want the ordinance marriage. He went ahead and married her without our consent or our knowledge of the marriage. Hi Goerge, I am a Jamaican and m finacee is Nigerian, can we marry in Ghana. What procedure do we need to go through before we can get it registered. If in fact that did happen in the case of a friend of mine and the female has traveled to the United States as a married person, how do I advise my friend to correct the matter in accord with Ghana law, if in fact he is not really married to this person under Ghana law? So after the marriage, if ur wife keep denying the husband sex, can you go for another woman, 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. cohabitation permanently to an end without the consent of the other each other. Arusha Conference, "New Frontiers of Social Policy" - December 12-15, 2005 M. Kane et al., conference paper 5 1. The Supreme Court affirmed the decisions of the Court of Appeal and the High Court, that is, the parties had an equal share in the property. You may be better able to sustain your relationship. 2014-06-05 . 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?? Ive been married to this man for 12yrs. What is the difference btween the marriage registered in AMA and the court one. Spending lakhs of money for one day is utterly stupid. You can register, I suppose, as many customary/Islamic weddings as possible. Please advise ASAP! Increased level of security. The marriage took place at her fathers house where we signed the marriage certificate which is not a registered place of marriage. This sometimes involves returning drinks and/or gifts presented to the brides family. It is therefore the couples responsibility to find out if their officiant has these powers and if not, to follow the appropriate procedure. Look at it this way, when the two parties meet, that is the ceremony. . Thank you. But, there is an exception where the two partners are already married to each other in a customary marriage. If you married in February under customary marriage law and decided to register for marriage under ordinance certificate in July, what is the procedure? it intolerable to live with the Respondent. The requirements for ordinance marriage in Ghana are quite simple. Is that possible? Her presence is not required for the initial procedures of filing a notice and obtaining a Registrars Certificate. Consent is not needed to rely on this fact. Sir I am going by what I have read on your Web site and from what I see it is I can probably send it to u but am not not sure if I know how on here The certificate looks legal to me but not sure I love my new wife and she loves me and is going to come to Canada to be with me my question to u is, is the marriage legal, she my wife says it is and considers her self and me married, George, I am planning to Marry in Ghana. It criminalizes "unnatural carnal knowledge" in section 104 (1) (b) of its Criminal Offences . the required dowry is paid to the brides family. for a divorce. Section 3 of Act 2(1) (b), in determining whether a petitioner cannot reasonably be I think the Registrar Generals Department offers that kind of service you want. (a) where the matrimonial home is the self-acquired property of the deceased; Copyright 2016 - 2020 The Wedding Vendor Guide - All rights reserved. If two people of opposite genders can be married, then to be equal, a society must offer that ability to people of the same gender as well if their purpose is to form a long-term relationship. An estimated 22% of Ghanaian women live polygamously. Ewoenam Kukah. 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. Finally, the couple must consummate themarriage. 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? I want to marry my fiancee but Im in the States and she is in Ghana. 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. Thanks. We live in the uk and wanted to get married and have an ordinance marriage certificate. I don't understand why would people want to spend so much money on frivolous things. A marriage certificate is awarded to successful marriages. Consent by the family of the man and the family of the woman that the two should be married. And there has to be a ceremony whether simple or extravagant at a specified location which has to be recorded on the register. Beitrags-Autor: Beitrag verffentlicht: 14. Pls Im married by ordinance at the register general and was given a marriage certificate. If you continue to use this site we will assume that you are happy with it. The Petitioner must satisfy Want to know about my age difference with traditional marriage. how much does it cost for a ordinance marriage and do I have to be there. Ok. Re: What Are The Advantages And Disadvantages Of Court Marriage by Ezionye ( f ): 7:05pm On Dec 11, 2016. 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. If they did marry under ordinance, then its legal, Hi George,can i have ur email or number i need private advice on some issues. Only a certified or gazetted official is supposed to issue the certificate otherwise it is invalid. It has two main stages, and they are: Somefees are charged at each of the stages. THE CONCEPT OF MARRIAGE AND SAME SEX UNION MARRIAGE. A court clerk was delegated from takoradi to kumasi to issue the marriage certificate and he was not a registered official to give the certificate. I didnt know he was married until after our customary marriage(engagement). The divorce must be registered within one month of the divorce date to be recognized by law. This is the sole ground for divorce. Please if my husband wants to file for me to join him abroad can I use the certificate I obtain from the court or I need a new certificate, Pls what is the cost of the ordinance marriage registration as at now pls try and reply, Pls what is the cost of the ordinance marriage registration as at now. #you kids are protected to all both of you own. Hi sir , I am kojo , my girlfriend and I wanted to get marry by ordinance but my parents are not okay with it, they want traditional marriage and our pastors too say no. Thank you. not be unreasonably withheld, and where the Court is satisfied that 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 ! Although the Court may find one or more of the facts required to Because it is believed in Nigeria, that the chances for a man to cheat on his wife is very high. So instead of us coming to the office the registrar will be at the ceremony to perform the rites. Thank you. Does this answer your question satisfactorily? The Court of . A marriage ceremony held in a church without proper licensing and registration procedure is simply a church blessing. 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. The Supreme Court has institutionalised the principle of equality in the sharing of marital property by spouses, after divorce, of all property acquired du-ring the subsistence of a marriage. the petitioner cannot reasonably be Tax advantage related to marriage in many countries. But they currently going through a divorce. Ill like to know how different is this process in the case of marrying a foreigner.