disadvantages of court marriage in ghana

Starting the litigation process will allow you to obtain information from the other side in the form of documents and verbal responses through processes called document discovery and examinations for discovery. That is, they must make the marriage complete by having sexual intercourse. 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? We could not do the marriage counselling @ her church for some personal reasons. subjective test and depends on the view of the Petitioner, which each other. of divorce proceedings. Can customary married be regarded as church? Marriage under the ordinance is the civil union available to any Ghanaian to take advantage of, and despite some confusion, it is entirely secular and not religious (Christian) at all. Pls Im married by ordinance at the register general and was given a marriage certificate. The Western style of monogamy is the adopted model for marriage in present-day Ghana. disadvantages of court marriage in ghana. I have a question, do you need witness for the ceremony? Advantages of Marriage. Hello sir george please I wish to fine out if its possible for both foriegn partner to have and ordinance marriage certificate in Ghana after the ceremony? At the moment I am not in Ghana, can someone marry my fiancee on behalf of me under the ordinance? Thanks. From what I read above this shouldnt be a problem. The couple has to go through verification checks to eliminate the existence of illegal marriages in India. They have told him that he can not apply until after I arrive. I am a US citizen and my husband-to-be is Ghanaian. Can u recommend a good lawyer though? its is posible to have it? Am Ghanaian, my fianc is Nigerian but we live in the Uk, we want to come to Ghana and do a traditional marriage ceremony and a registry marriage but the time we have is limited, maximum 2 weeks due to work commitments. Thank you. Can we marry without the fathers involvement? In practice, almost all couples marry in a traditional ceremony recognizing the new bond between the two families. Apparently, he had married the other woman in the customary way too. Which office do I contact and any numbers or emails at hand please. 5. After all that a certificate of marriage is presented to the couple and pronounced and husband wife. persons of whom one or both are married but who are not married to I am the only wife. So its not valid if it doesnt have signatures of all the required witnesses. 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? i am pregnant and i and my partner have decided to have an ordinance marriage, what do we do? In Ghana, marriage is constructed according to the custom of ethnic group of which the couple live. Is it possible. Please advise ASAP! Alternatively, the partners may present the registrars certificate to a registered chaplain to officiate the marriage ceremony at a registered place of marriage. disadvantages of court marriage in ghana. Hi am from benin republic and am living in Canada but my partner and I want to marry in ghana is that possible ? The divorce petition is the document that starts divorce How long does it take to apply and get married. So one may choose to have a court marriage before or after a customary marriage. Any advice or help? Urgent reply please George. I want to ask a question. 2. This type of marriage is based on tradition and existed long before Marriage under Ordinance/White/Church weddings, which were introduced by western influence. The primary advantage or benefits of common law marriage lies in the fact that your relationship will be assigned the same marital rights and responsibilities as are assigned to formally married couple, but without you having to be formally married. Copy of divorce order, in the case of a divorcee and death certificate of a spouse, in case of a widower/widow. Thanks, Theres no special requirement for foreigners, Hello George please I sent my marriage certificate to Ghanaian consulate in Nigeria and I think they lost it can I apply for a new one that can also be certified there??. If its OK by u can I have ur email or contact number? Usually this includes a religious ceremony and a civic registration ceremony commonly known as a wedding. However, the presence or attendance of one or both parents is not a requirement when two adults decide to have an Ordinance marriage. We did not enter into [] Saturday, 4th February 2023 This sometimes involves returning drinks and/or gifts presented to the brides family. Our purpose is to help couples make choices from a collection of vendors with just a click. Another disadvantage of court marriage is the thoroughness it demands from an applicant in filing all the documents. The change of name will be published in the Gazette, and a copy of that will be made for you. " the parties to the marriage have not lived as husband and wife for a continuous period of at least five years proceedings. The Ghana marriage certificate are signed by the couple and four witnesses. The latest data from the 2021 Population and Housing Census (PHC) have revealed that 553,065 persons in Ghana have had their marriages dissolved while 405,090 have separated. For Adultery to be proven, there Please if you having children with a lady you did not perform any marriage rites on. Thanks, Dear Georges Im Lebanese i get married 2012 ordinance marriage 389 /1971 since May 2014 Im in divorce i have one baby son now is 5 years old i refuse divorce now judge give decision divorce so what is divorce law act of my marriage for me and my son im not guilty my husband want divorce and he is 100% guilty, Am married to a US citizen and he abodon me for two years what should i fo. Thoroughness. physical/emotional violence or more mild incidents. The Court may on application allow the Older woman want to marry my younger partner who is Ghanaian we would like a traditional wedding my visit to Ghana. Polygamous marriages are illegal under civil law, though are arguably considered to be legal under customary law . 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. Please can I know the requirement and fee for divorce of ordinance marriage? Brides do come into marriage registries in wedding gown all the time. Getting married in a court in Nigeria protects the right of both the man and woman. Can I have marriage under the ordinance for a second woman? If youre more than 21 years of age, youre free to do as you like. We made a decision to get married under the ordinance.and do the marriage ceremony after school and we both working. Written wills in Ghana are governed by the Wills Act, 1971 (Act 360). Someone can marry under the ordinance without first having customary marriage. have not lived as man and wife has been continuous, the Court shall In India, marriages can be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. This document informs both the Respondent and the Is this bigamy? which the parties to the marriage lived with each other as husband 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. Hi, I am going to see my man in middle of June and we want to marry. the marriage ceremony is performed by a licensed Islamic priest, just as in the case of marriage by a Marriage Officer (explained in Ordinance Marriage section below). I and my boyfriend are both students and above 18yearswe both Christians and we dont want to dishonour God by having sex before marriage. The age of consent to sex of 16 and the legal age for marriage in Ghana which is 18 years are quite similar to international ranges. Unlike Customary and Islamic Marriages, the registration process begins before the ceremony is held. You must have your marriage ceremony within the timelines given under the law. 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. Dear Sir, The courts also have the ability to grant a divorce, and usually do so within the ritual boundaries of the cultures in question. Required fields are marked *. please i am a married woman, who was married the customary way, and blessed at the church without going through the court. the Court by either party to a marriage. Only a certified or gazetted official is supposed to issue the certificate otherwise it is invalid. that the parties to the union after diligent effort have been Ive even tried to register online to apply for the license but the website seems to be having issues and wont allow me to log in or send me a password reset etc. Spending lakhs of money for one day is utterly stupid. about your specific circumstances. I will like to know the implications of this, and if I can still go through the ordinance marriage or the court. divorce. We are coming to Ghana soon for 10 day and I would like to start the process now . Hi George, my fiance and i are planing to get married in Ghana and am Ethiopian and he is Eritrian, am just wondering, what are the requirements of getting married in Ghana for foreigners? I want to know if my marriage by ordinance to him will be possibly and what becomes of the relationship with the other lady. A petition for the dissolution of marriage cannot be presented 5 Advantages of Same Sex Marriage. Polygamy is illegal in Ghana, but the restrictions are not heavily enforced. The conduct complained of must be severe and higher than the I do not have anyone to come with me from the states assuming cost of ticket so I will have no witness on my side would that be a problem? 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?? How many days in advance do we need to file for a certificate or register ? Section 7 of Act 367 In fact both perform the same types of marriage registrations. 2(1) (b), in determining whether a petitioner cannot reasonably be spouse, The physical act of departure by one spouse does not necessarily This is governed by Marriages Act (Cap 127) and is the only, strictly monogamous legal means of marriage in Ghana. expected to live with the Respondent, the Court shall disregard any Thanks. Registration Of Marriages In Zimbabwe Under The New Marriages Act [Chapter 5:15]. The entire idea of marriage is from religion. In order to get a marriage certificate in Ghana, there should be a marriage and a marriage registration. A marriage certificate is awarded to successful marriages. That notwithstanding this sole So what should we do advice needed urgently because thing are getting worse. Thanks. Ewoenam Kukah. Does the foreigner need any approval from their embassy before getting married? So just go on and do it. I would like to find out if its possible to marry under Ordinance and later have a traditional marriage. The following are some of the importance of registering your marriage in Ghana. Hi, good evening. relied on by the Petitioner and proved to the Court in support of It is important to note that holding a marriage ceremony, while common practice, is not enough to be recognized by law. Court marriages are cheaper than traditional ones. So after the marriage, if ur wife keep denying the husband sex, can you go for another woman, We are to be married in Ghana in January. Court may grant a petition for divorce under this paragraph notwith-standing the refusal; or e) that the parties to the marriage have not lived as man and wife for a con-tinuous period of at least five years immediately preceding the presentation of the petition; or f) that the parties to the marriage have, after diligent effort, been unable to Economic Benefit of Court Marriage. Intestate Succession: How Estate Of A Decesed Is Settled If There Is No Will In Ghana, Navigating the Cross-Border Highway: A Roadmap for Canada-U.S. Estate Planning and Administration, Luxembourg Tax and Transfer Pricing Update 2023, Mondaq Ltd 1994 - 2023. This form of marriage must involve both families of the bride and groom. The The courts in Ghana will not enforce a foreign arbitration award under any of the following circumstances: 1. (2) Despite subsection (1) where a Court is satisfied by oral or documentary evidence that a customary law marriage had been validly contracted between the deceased and a surviving spouse, the Court shall make an order for the estate of the intestate to be distributed in the same manner as a customary law marriage registered under this Act.9(9) 16. 2.If you are Christian and the lady is Muslim, her parents agreed and have done all that they need from you as their tradition demand.After that can you register the marriage. intestate, eject a surviving spouse or child from the matrimonial home. These figures were . I want to marry my fiancee but Im in the States and she is in Ghana. Want it secret, so only you and your partner knows? Can one wear a wedding gown to KMA or AMA for an ordinance marriage ceremony please? guide to the subject matter. This is what arguers of same sex marriage speak the most about. This is done by applying to the registrar of marriages in the district one lives in after the ceremony has taken place. So if you went on to contract another marriage under ordinance whiles the first one subsists, you may have committed bigamy. If youre saying that the man was in another marriage (court wedding) and he married you, I think you should speak with a good lawyer for advice and possible legal actions. Parties to a case who are unhappy with the outcome can appeal to a magistrate's court, and then to the High Court. My gf is a foreigner and Im Ghanaian; is it possible to make ordinance marriage less than a month, she cant stay in Ghana for long. ground must be evidenced by proof of one of the following: " the Respondent has committed adultery and 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. Please help. Thanks. But she must be around for the marriage ceremony, to exchange the vows and sign the Marriage Certificate. Zenas Chambers, ChimwaMurombe Legal Practice. You may be better able to sustain your relationship. immediately preceding the presentation of the It is important to note that if you are the Petitioner, We use cookies to ensure that we give you the best experience on our website. What should he be saying to the person at the court house to be able to apply now, before I arrive? You can register, I suppose, as many customary/Islamic weddings as possible. Pls does each stage cost much? for a continuous period of at least two years immediately preceding It is an inexpensive or a very affordable way to marry. Hi George please is it always compulsory to have the marriage ceremony after 21 days of filling. If you continue to use this site we will assume that you are happy with it. The court marriage can also be solemnised between an Indian and a . The man and woman are required to be present at the ceremony. We need this to enable us to match you with other users from the same organisation. Does a certified official have to perform the ceremony for the ordinance marriage for it to be legal under Ghanas law..or can anyone do it? Can I have a court marriage and obtain the marriage certificate and after sometime have a church wedding at the Catholic Church with the same lady and have another marriage certificate? On February 7, 2023, the United States Court of Appeals for the Fourth Circuit in Adjei v. Mayorkas held that the Commonwealth of Virginia would recognize a valid divorce granted by a foreign nation to its own citizens, even though neither citizen was domiciled in the foreign nation at the time of the divorce. We got married in court, now hes in the USA and married to another woman what should I do? No,you cant. The content of this article is intended to provide a general immediately preceding the presentation of the We are both foreigners. festival portogallo 2021. Theres no special requirement for foreigners. disadvantages of court marriage in ghana Carried out by an officer at the Registrar Generals, Municipal or District Assemblys office, who has the responsibility of performing marriages. disregard any period or periods not exceeding six months in the #Anything happens to you,your wife and kids are protected. Just as you dont want to dishonour God, you shouldnt dishonour your parents too. So instead of us coming to the office the registrar will be at the ceremony to perform the rites. Ordinance marriage can be done with or without parental consent. 1. Answer (1 of 3): The court marriage process in Ghana is very simple. The Court of . Please I have an american lady who is 44 years and am 26 years please can we Marry at the court, Hello Sir my girlfriend is coming from u s a to get married together what should we do before the marriage and for how long are we going to get our certificate, George good work done on all your answers to the questions Good job, Hello we have only 1monthchancesfor busy life work in dubai.pls i need your helptel me what we do.thanks..JESSIE. This form of marriage must involve both families of the bride and groom. Common law marriage benefits are the same as the advantages of being married legally. Will it be a problem, if him and I marry in Accra although he lives in Kumasi (regarding residential adress which needs to be mentioned when applying)? Moreover, you don't need to spend money on gifts, food, flowers, decorations, etc. You should get a lawyer to advise you on what to do. or District Assembly, and then had proceeded to church with a bride and signed a certificate of marriage (white with a green band across) then, he may have done ordinance marriage. Prohibition of ejection of spouses. At the time of the divorce, either party to the marriage was; . Marriage Is A Religious Sanction. Can somebody marry a girl from Ghana being not present at the ceremony? She has no complaints. petition and the respondent consents to The union is recognized under the Marriage Act of Ghana which contains all the requirements in Islamic law. If you are dealing with a business dispute, you have several possible options. after the occurrence of adultery on the part of one of them, this Further, a petitioner must satisfy the Court that he/she finds POPULAR ARTICLES ON: Family and Matrimonial from Ghana. Certain rites performed are unique to the cultures represented by the couples families, while others tend to be common to almost all cultures. Is this marriage legal and is there anything we can do to annul it? In this type of marriage, the only form of polygamy permitted is polygyny (a man marrying more than one woman, but not more than four at a time). Can we marry under ordinance without our parents concern? Another important thing that is worthy of consideration in . Lynn, you do not need another marriage ceremony after you marry under the ordinance. They are set out in a decision the Appeal Court of Ghana in Nyaasemhwe v Afibiysan reported [1977] 1 GLR 27 at p 32. I mean having the traditional marriage a day after the court wedding. The divorce must be registered within one month of the divorce date to be recognized by law. I have been to a Ghanaian man for more than 10 years in South Africa not knowing that he was married to another woman in Ghana who shockingly knew and his parents gave us their blessings. Only registered ones will be given any legal consideration.Dissolution of customary marriages are usually done based on the required procedure of the culture in question. Regardless, both the bride and grooms consent must be obtained to proceed with the customary ceremony. Read this: http://laboneexpress.com/2016/01/new-marriage-registration-fees-for-2016-released/, Hi George I be read a lot of your advices. Note the difference in the facts of the case. Please help. the adultery, if the couple lives together for more than six months An estimated 22% of Ghanaian women live polygamously. The couple is disowned by the families. I discovered this on the 4th Jan 2018. That's how just about every marriage starts. period or periods not exceeding six months in the aggregate during If I go to my man in July can we apply for marriage ceremony and get married while Im there? adultery with the party to the marriage may be made a party to the 4. The disadvantages of arbitration as compared to court litigation and other forms of dispute resolution are: Costs associated with venue and fees of tribunal . 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. Subsequently, some follow up with an ordinance marriage in a church. Is it also a right of a married woman to say she wont have a child? Court weddings are less stressful. I am staying for 2 weeks, can we apply for marriage and get it done when I am there or is it not possible during this 2 weeks? Ok. Re: What Are The Advantages And Disadvantages Of Court Marriage by Ezionye ( f ): 7:05pm On Dec 11, 2016. . If you married in February under customary marriage law and decided to register for marriage under ordinance certificate in July, what is the procedure? Ghana is one of the many countries worldwide in which child marriage - marriage below the age of 18 - happens.. A survey conducted in 2018 indicates that just over 19% of girls are married . This is the sole ground for divorce. Hmmm, I havent registered the customary marriage ooo. Court Marriage in India is solemnised under the special marriage act, 1954. Hes been to the registrars office in Sunyani to apply for our Ordinance Marriage License. And my wife is out of the country. How such a traditional ceremony is performed depends on the tribe the bride comes from, but there are some things that most tribes . Consent is necessary to rely upon this fact. Pls I want to know that if you and husband are married under ordinance and he secretly go and marry another woman without your concern. a petition, it must be sent to the Court in triplicate. Can people who are not Ghanaian get married in Ghana? 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. This is because some churches have officiants who have the license to perform marriages under the law. Ordinance law marriages. I am a non-Ghanian citizen marrying a Ghanaian who lives in Kumasi but when I come for us to marry, I will be in Accra. Although largely considered an unconventional form of domestic partnership, cohabitation is a growing phenomenon in Ghana. You can meet the time requirement within one month. who starts the proceedings must be able to provide evidence to the I traveled to have a baby and in my absence, he registered the other woman in the ordinance way. Everything have been put in place for the marriage to be done. Thank you. The documents required to be submitted by all the witnesses are as follows: Passport size photo. Can we please get married in the Ghanian customary court? 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. Sure, you can. Tanzania alott, Please is it possible to know the fees we need to pay please. Section 1(i) of Act 367 states the ground for the commencement For more information, read How to Obtain a Marriage License. Necessary in many cultures. 1. 3. We are married outside of Ghana, I want to know if marriage outside of Ghana is honored by Ghanaian law as valid and legal. Hello George, Advantages and disadvantages of customary law 1 Advantage: Customary law is often the most accessible kind of law for My husband married a foreigner in 2003 in court (in Ghana) and he married me in 2010 in the customarily.i didnt know he had a wife until recently.what can I do?we have two kids. Your customary marriage may be valid still, but you have to speak with a lawyer, for help. Section 4 of Act 367 provides that for the purposes of section and marriage in Ghana and generate some debate and consensus to address some of the core issues affecting girls and boys in Ghana with regards to sexual consent and marriage. Can i ask a registrar to ordain my marriage instead of a pastor. The Petitioner files a petition at either the High Court or 2. Child Custody In Nigeria: A Fallout Of Irretrievable Breakdown Of Marriages, 2023 Changes To Inheritance Law Federal Decree Law No. Respondent". You can. i.e.. instead of waiting for 21 days, can the whole process be done within 3 days or 1 day? Copy of the notice of the intended marriage signed by the couple. I am having a girlfriend from Canada which we both living in Egypt currently.. Hello George,am pregnant and want to do the ordinance marriage ,I need that as fast as I can get but since u mentioned timeline am a little confused, please explain to meits very urgent..thankyou. mutual agreement by both parties to be married. Sometimes planning a big wedding with a long guest list can feel overwhelming . Yes, witnesses are essentially part of the marriage procedures. It is not uncommon to find a ceremony held in the absence of the couple or one of the parties for various reasons; the couple is out of town, or custom may not require it. The legal benefits of a civil marriage include protecting one another with: Support - being married obligates you to a duty of support to one another depending on each party's needs. Therefore we wanted to go to AMA not KMA. The procedure for ordinance marriages is the same for every qualified couple. Will do. Advantages of Registry. Do I have to be present when my fianc files for the notice of marriage? What exactly you need to do. Mondaq uses cookies on this website. how do we get the marriage certificate for the wedding day pls? Hi, please I want to find out if I can make corrections on my marriage certificate.we made a mistake with my father in law name. Respondent only after the Respondent has understood the two witnesses are present during the ceremony. The partners must be 18 years or older and none of the two entering into a marriage by ordinance shall be in any form of marriage with any other person (s). aggregate during which the parties resumed living as man and My mother bargains with sabzi-waale bhaiya for 5 rupees. Congrats, Evelyn. However, once the appropriate procedures are followed, all three will be and are recognized and protected by law. My question is how can we go about this situation. 2014-06-05 . He left with everything including the marriage certificate. What Constitutes Contempt Of Court In UAE Family Law? for a divorce. law on divorce in Ghana. a Wali (a person with authority or guardianship over another person, in this case, the bride) is present to legally represent the bride. 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. Can couples have a court wedding without the " the parties to the marriage have not lived (1) A person shall not, before the distribution of the estate of a deceased person whether testate or. The marriage can be solemnised in a court in the presence of a Marriage Officer and three witnesses. Consent is not needed to rely on this fact. Look at it this way, when the two parties meet, that is the ceremony. That will put you at a safe place. Circuit Court, and then the Registrar will cause the Petition filed the intention on the part of the deserting spouse to bring The requirements for ordinance marriage in Ghana are quite simple. In virtually all cases, gifts are offered and a dowry/bride price paid to the brides family. 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. You can still go through the ordinance marriage if you are your husbands only wife. We live in the uk and wanted to get married and have an ordinance marriage certificate. 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?