Marrying Under Ordinance vs Customary Law: What’s the Legal Difference in Ghana?

In Ghana, marriage is not just a union of love—it is also a deeply legal affair and as reported by The High Street Business, a financial affair too. For many couples, the choice between customary marriage and ordinance marriage is made without fully understanding the legal consequences. Yet, this choice can have lasting implications on property rights, inheritance, divorce settlements, and even international travel.

So what’s the legal difference between marrying under Customary Law versus Ordinance (Statutory) Law in Ghana?

Customary Marriage: Deeply Rooted, Loosely Regulated

Customary marriage is the oldest form of marital union in Ghana. It is governed by the traditions and customs of the ethnic group of the parties involved. The process typically includes the payment of bride price, presence of family elders, and in some cases, community witnesses. There is no uniform procedure; it depends on your tribe and region.

Key Legal Points:

• It does not require registration, though registering it at the Births and Deaths Registry is advisable.

• Polygamy is permitted. A man can marry multiple wives.

• It may not be recognized internationally, especially in visa applications or foreign divorce proceedings.

• Divorce procedures are often handled by family elders or chiefs, not necessarily through formal courts.

Ordinance Marriage: Western Influence, Legal Precision

Marriage under the Marriages Act (Cap 127)—often called “ordinance marriage”—is a statutory marriage. This is the form recognized in the courts and by most countries outside Ghana.

Key Legal Points:

• Must be monogamous by law—one spouse at a time.

• Requires public notice, registration, and is officiated by a licensed registrar or church.

• Divorce must go through the formal court process.

• Easier to prove in legal disputes, asset division, and inheritance matters.

Why the Difference Matters

The form of marriage you choose determines how the law treats you. For example, if a couple in a customary marriage breaks up, the woman may not have the same rights to marital property unless she can prove joint contribution. In ordinance marriages, the law provides clearer protections for both parties.

In terms of inheritance, customary marriages can lead to disputes, especially in polygamous households. Children from different wives may have competing claims to estates. With ordinance marriages, succession laws provide more predictable outcomes.

Moreover, international recognition is a major issue. Ordinance marriage certificates are accepted globally, while customary marriages may need further authentication.

Legal Advice Before Marriage

Many legal practitioners recommend:

• Registering even customary marriages at the district office.

• Considering ordinance marriage if you plan to live or travel abroad.

• Seeking legal counsel before marriage to understand rights and obligations.

• Keeping records—photos, receipts, witnesses—of all marital processes.

Final Thoughts

In Ghana, the choice between marrying under customary or ordinance law is not merely ceremonial. It’s a legal decision with long-term implications. Whether you marry with elders’ blessings or under the eye of the law, be informed. The future of your marriage—legally and emotionally—may depend on it.

Last Updated on November 18, 2025 by Samuel Kwame Boadu

Samuel Kwame Boadu

Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of Accra Street Journal, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.

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