Your 'Trad’ Is More Than a Ceremony: Why Registering Your Customary Marriage Matters

Across Ghana, wedding bells do not always ring in churches or at the Registrar-General's Department. For many couples, the journey into marriage begins in the family home, where elders gather, customary rites are performed, drinks are presented, and blessings are bestowed. Today, this cherished ceremony is affectionately called Traditional Marriage by many people, but in law it is known as a customary marriage.

While customary marriages remain deeply rooted in Ghanaian culture, many couples are unaware that they also carry significant legal consequences. Even few understand that a customary marriage is equally a recognized marriage except that it is polygamous in nature and is only converted to ordinance to make it monogamous, that performing the two ceremonies at the same time is nothing significant than what has already been stated above.

A Marriage Rooted in Culture and Recognised by Law

Customary marriage is one of the oldest forms of marriage in Ghana. It is celebrated according to the customary law of the parties involved, although in practice it is usually contracted under the customary law of the bride's family.

According to Sarbah’s Fanti Customary Laws he define a valid customary marriage as “When there has been a marriage in fact, the validity thereof presumed, and where caprice, avarice, or ambition of a parent has not been excited to force on a marriage, it will be found by careful study of the people and examination of the local marriage institution, that marriage entirely rests on the voluntary consent of a man and a woman to live together as man and wife; which intention, desire, consent, or agreement, is further evidenced by their living together as husband and wife.”

Contrary to the belief that a customary marriage is merely a cultural event, it is fully recognised by Ghanaian law. Once the essential customary rites have been performed, the marriage enjoys legal recognition just like any other valid marriage.

Marriage Is Not Always Defined by a Ceremony

When most people think of customary marriage, they imagine families gathered together to perform the traditional rites. Indeed, this is the most common and straightforward way a customary marriage is contracted. This is also because under Section 31 of the Evidence Act NRCD 323 (1975), a marriage which has been celebrated before witnesses is presumed to be valid which applies to both monogamous and polygamous marriage. 

However, life is not always that simple, there are situations where a man and a woman may never have held a formal traditional ceremony, yet their relationship may still amount to a customary marriage in the eyes of the law. The court in Yaotey v Quayeheld that, the essentials of valid customary are:

1. Agreement by the parties to live together as husband and wife;
2. Consent of the families of the man and the woman to the marriage. Such consent may be implied from conduct, e.g acknowledging the parties as man and wife, or accepting a drink from the man or his family;
3. Consummation of the marriage, i.e the parties living together openly as man and wife.

These elements were further applied in Esssilfie v Quarcoo where Lutterodt J (as he then was) held that, if the man and woman have lived together for many years, raised children, acquired properties together, introduced each other as husband and wife, and are generally regarded by their families and community as a married couple, a court may conclude that a customary marriage exists.

It is important to note, however, that this is not automatic. Only a court can determine whether the facts and evidence are sufficient to establish such a marriage.

Should You Register Your Customary Marriage?

This is perhaps one of the most frequently asked questions. The answer is simple. You are not legally required to register your customary marriage, but it is highly advisable.

The law as stated under section 1 of the Marriages, 1884-19851 (CAP 127) stipulates that a customary marriage may be registered, meaning registration is optional rather than compulsory.

So why should couples consider it?

Because a marriage certificate is often the easiest and most reliable way to prove the existence of a marriage. Years later, when issues concerning inheritance, succession, property ownership, pensions, insurance benefits, immigration, or child custody arise, that single document can save families from lengthy disputes and expensive litigation.

In many respects, registering a marriage is like insuring something valuable. You hope you never have to rely on it, but when the unexpected happens, you'll be glad it's there.

What Is Required for Registration?

The registration process is relatively straightforward as provided under CAP127. Section 2 of CAP 127 provides that, either spouse, or both spouses together, may apply to the Registrar in the district where the customary marriage was celebrated.

The application must be accompanied by a statutory declaration confirming the marriage and an affidavit from the parents of the spouses or a person standing in loco parentis confirming that all the customary requirements for a valid marriage have been fulfilled as stated under Section 3 of CAP 127.

These requirements help ensure that only genuine customary marriages are entered into the official register.

Not Every Customary Marriage Is Valid. 

Although customary marriage is recognised by law, there are circumstances in which a marriage may be considered invalid.

For example, the law does not recognise a customary marriage where the parties are closely related within the prohibited degrees of relationship. Similarly, a person who is already married under a statutory marriage cannot validly contract another customary marriage while that marriage still exists as stated in the case of Genfi II vs. Genfi II.

The law also protects young adults by requiring the appropriate consent where one or both parties are between eighteen and twenty-one years of age.

These safeguards exist to protect families and preserve the integrity of marriage.

Why Does the Registrar Publish Public Notice?

As a statutory requirement, Section 4 of CAP 127 mandates the Registrar to display a public notice within twenty-eight days after entering the marriage in the register.

This allows anyone who has legitimate legal grounds for objecting to the registration to come forward.

An objection to why the said marriage should not be registered may be made as required under section 5 of CAP 127. If an objection is made, the District Court is required to hear both sides before deciding whether the Registrar should expunge the entry from the register.

It is worth noting that the court does not determine whether the marriage itself is valid or invalid during this process. Its role is limited to deciding whether there are legal grounds to expunge it from the registrar.

What happens when a customary Marriage Ends

No couple enters marriage expecting it to end, but the law recognises that relationships sometimes break down.

Where a registered customary marriage has been dissolved in accordance with the applicable customary law, the dissolution should also be registered. This is a requirement under Section 6 of Cap 127 that the parties must notify the Registrar and submit the necessary statutory declaration and supporting affidavits confirming that the marriage has been dissolved under the relevant customary law.

However, where a court of competent jurisdiction has already dissolved the marriage, a separate registration of the dissolution is unnecessary.

Marriage registration is a legal process built on honesty and integrity and that anyone who knowingly attempts to register a void marriage, registers a false dissolution, provides false information, or fraudulently alters entries in the marriage register commits an offence under Section 14 of CAP 126 and may face legal consequences.

Why This Matters More Than Ever

In today's world, families increasingly rely on documentary evidence when dealing with banks, insurance companies, employers, courts, immigration authorities, and government institutions.

Having an officially registered customary marriage can make these processes much easier and help avoid disputes that often arise after the death of a spouse or during disagreements over family property.

Registration is not merely a bureaucratic exercise, it is a practical step towards protecting your spouse, your children, and your family's future.

Final Thoughts

It is therefore important to note that a customary marriage is much more than colorful attire, joyful celebrations, and family gatherings. It is a legally recognised union that creates rights, responsibilities, and obligations for both spouses.

Whether you are planning your "Traditional Marriage," have already celebrated one, or simply want to better understand your rights, taking the time to learn about the law is a worthwhile investment.

Although the law does not compel couples to register their customary marriage, doing so offers peace of mind and legal certainty. In the end, protecting your marriage is not only about preserving your traditions but also about safeguarding your future.

As the saying goes, love may bring two people together, but knowledge of the law helps keep their rights secure.