Can u recommend a good lawyer though? important to note that a divorce petition cannot be issued within Please if you having children with a lady you did not perform any marriage rites on. If I go to my man in July can we apply for marriage ceremony and get married while Im there? I dont have a lawyer to recommend now, but I trust youll find a good one. 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. 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. evidence, that the marriage has broken down beyond Please Im Sam. Hello sir George pls am in Ghana now I dont know if its OK by u if I can contact u personally to help me and my fiance process our ordinance marriage ceremony till we obtain our certificate. Representatives from both families must be present during the presentation, and the gifts and dowry must be accepted by the brides family. By using our website you agree to our use of cookies as set out in our Privacy Policy. One of the main benefits of a court marriage is that they can be small events. The conduct complained of must be severe and higher than the Is that possible? If I have to go through a divorce how long could that take. Lynn, you do not need another marriage ceremony after you marry under the ordinance. A couple can complete exchange marriage vows and sign the marriage certificate only after they obtain a Registrars Certificate. good afternoon. 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? I and my boyfriend are both students and above 18yearswe both Christians and we dont want to dishonour God by having sex before marriage. Section 4 of Act 367 provides that for the purposes of section If thats the case, he can marry you only after properly divorcing the wife. Thanks. Yes, you must be properly divorced before you can marry again in Ghana. Henry, youre not in any position to determine how you perform a marriage custom based on your judgement about whether a father took care of his daughters upbringing or not. What should he be saying to the person at the court house to be able to apply now, before I arrive? The divorce petition is the document that starts divorce If possible If yes, her family believes much in the customary marriage. 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. Is a marriage legal in Ghana if a registrars certificate is not issued or a certified official does not preform the marriage ceremony? The main purpose of marriage and customary law appears to be perpetuation of the human race. to the Court by the Petitioner within two years from the date of The most important thing is the presence of a witness who can testify tha he or she knows you View all posts by George AgboKlu. This law does not apply to Islamic or Ordinance marriages and thus the methods of registration of either are different. not be unreasonably withheld, and where the Court is satisfied that 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. How long does it take to apply and get married. its is posible to have it? the first year of marriage. pls need help. In that case, should I go by their expectations? Legal Backup. Search your local courthouse website to find out the fee in your jurisdiction. not grant a petition for divorce unless it is satisfied, on all the 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. 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. You can have ordinance marriage. 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. Islamic/Mohammedan Marriage is performed according to the the religious requirements of Islam. 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 kids are protected to all both of you own. 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). I need marriage guidance / consult. What documents will I need before using my husband name in processing my passport. If yes, what are the procedures please I need a reply. " the Respondent has behaved in a way that Is that possible? How can I know or find out if a church or an officiating minister is gazetted or not? Is it possible to get married by ordinance at all? Youll only need to do it once, and readership information is just for authors and is never sold to third parties. Under Act 367, adultery is defined as the voluntary sexual Section 1(i) of Act 367 states the ground for the commencement Thanks so much! There is, however, a proviso to the restriction on petitioning 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). Our purpose is to help couples make choices from a collection of vendors with just a click. 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. My girlfriend and, we are preparing to marry this April. Do I have to be present when my fianc files for the notice of marriage? 1. Court on the legal basis on which the Petitioner is pursuing a 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. The Wills Act enables the High Court to make reasonable provision out of the estate for a spouse, father, mother, or child under 18 years if the High Court finds that the will does not contain reasonable provision for their maintenance, and that On a lighter note: Op doesn't sound excited at all. The lived experiences of cohabiting couples have, however, received little scholarly attention. And can I skip religious marriage and go ahead straight with the ordinance? Eli. We are to be married in Ghana in January. Dear Sir, Polygamy is illegal in Ghana, but the restrictions are not heavily enforced. In litigation, relationships can be severed, and this could harm future income. The Matrimonial Causes Act, 1971 (Act 367), governs the current Re: What Are The Advantages And Disadvantages Of Court Marriage by CarrotAndStick: 7:57pm On Dec 11, 2016. erico2k2: you are l iving in teh dark ages still. That's how just about every marriage starts. Can somebody marry a girl from Ghana being not present at the ceremony? Can you leave your number please, here is my WhatsApp number 054 get in touch, hello i want to know if i can get ordinance marriage in Ghana when my wife is in Peru and am in Ghana. Another important thing that is worthy of consideration in . Marriage under Ordinance is registered with the Registrar General, ones local Municipal or District Assembly, and is recognized by law. 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? Daniel D. All you need to do is go with your partner to the registry, pick up the form and fill out your details. The union is recognized under the Marriage Act of Ghana which contains all the requirements in Islamic law. presentation of a petition for divorce within two years from the Filing a Notice of Marriage and Issue of Registrars Certificate, Condition (Status of registrants: Single, Divorced, or in Customary Marriage). We want to find out if there really is something like that and if there is, would you know the price range. I have a question, do you need witness for the ceremony? Please can someone have the court wedding before the traditional marriage? However, the presence or attendance of one or both parents is not a requirement when two adults decide to have an Ordinance marriage. 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 . Spending lakhs of money for one day is utterly stupid. (a) where the matrimonial home is the self-acquired property of the deceased; But she must be around for the marriage ceremony, to exchange the vows and sign the Marriage Certificate. 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. Want it secret, so only you and your partner knows? We are both in the uk. a Wali (a person with authority or guardianship over another person, in this case, the bride) is present to legally represent the bride. 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. Mr. George AgboKlu. Pls sir, 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. Is it possible. reconciliation. Because we did not have the counselling @ her church, her church would not allow us to use their premise. You can still go through the ordinance marriage if you are your husbands only wife. Published in the Kalahari Review, Ghana Law Hub, the Talkative Mom App & Ebo Quills. The following are some of the importance of registering your marriage in Ghana. If he did so, he would have committed bigamy, a misdemeanor. Thank you. Yes, witnesses are essentially part of the marriage procedures. I mean having the traditional marriage a day after the court wedding. Hello George, petition and the respondent consents to . The Petitioner must demonstrate aside enlisting any of which the parties to the marriage lived with each other as husband In a situation where parents of either party (the man or the woman) objects to the marriage, probably based on tribal lines, like parents refusing to grace or accept the marriage because of the mans or he ladys tribe, whereby the couple love themselves too, what does the law say, can they go ahead with court wedding with their own witnesses to the marriage? spouse, The physical act of departure by one spouse does not necessarily Apparently, he had married the other woman in the customary way too. Court Marriages are so cheap. He had helped to hide her from us and lied about knowing where she is at. I heard there is some sort of temporary permit for marrying at a non registered location valid for a day. Hi am from benin republic and am living in Canada but my partner and I want to marry in ghana is that possible ? Unlike Customary and Islamic Marriages, the registration process begins before the ceremony is held. This is, however, a guide to the subject matter. A petition for divorce may be presented to the Court by either party to a marriage. If youre more than 21 years of age, youre free to do as you like. Do you have to have the same name as to the one on the registrar certificate as to the marriage certificate? the required dowry is paid to the brides family. Is it also a right of a married woman to say she wont have a child? Thanks. The marriage can be solemnised in a court in the presence of a Marriage Officer and three witnesses. cohabitation permanently to an end without the consent of the other can a man who has married under the ordinance contract another marriage customarily? We are both foreigners. We have done the initial licensing of marriage with AMA, for the 21 publication. how much does it cost for a ordinance marriage and do I have to be there. (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. In fact both perform the same types of marriage registrations. We had our customary marriage certificate in 2013 what should we do to get an ordinance certificate and how long would it take. How such a traditional ceremony is performed depends on the tribe the bride comes from, but there are some things that most tribes .