Millions of Ghanaians are in customary marriages — traditional marriages conducted according to the customs of their ethnic group. These marriages are legally valid in Ghana. However, unregistered customary marriages create serious complications for property rights, inheritance, and family welfare. Here is why registration matters and how to do it.
Is a Customary Marriage Legal in Ghana?
Yes. Under the Customary Marriage and Divorce (Registration) Law (PNDC Law 112), customary marriages are legally valid in Ghana. You do not need to have an ordinance (civil) marriage in addition.
However, a customary marriage must have been validly contracted under the relevant customary law — generally meaning the proper traditional rites were performed and bride price (where required by that tradition) was paid.
Why Registration Matters
An unregistered customary marriage can create serious practical problems:
- Property disputes on death: If your spouse dies intestate (without a will), other family members may dispute your entitlement as the surviving spouse, claiming the marriage was not properly contracted
- Banking and financial institutions: Banks may not recognize an unregistered spouse for joint accounts, insurance beneficiary, or mortgage purposes
- Children's rights: Legitimacy and inheritance rights for children can be questioned
- Travel documents: Sponsoring a spouse for a visa is far easier with a marriage certificate
- Medical decisions: Next-of-kin decisions in medical settings rely on documented relationships
Where to Register
Registration is done at the Births, Deaths and Marriages Registry (under the Registrar-General's Department) at the district where the marriage was contracted.
Documents Required
- Ghana Cards of both parties (or passports for non-citizens)
- Birth certificates (if available)
- Proof of customary rites — a statement from the family head or traditional authority confirming the marriage was contracted
- Names and Ghana Cards of two witnesses who attended the traditional ceremony
- Application form (obtained from the registry)
The Registration Process
- Obtain the application form from the district Births, Deaths and Marriages Registry
- Complete the form with both parties present
- Submit with supporting documents and witnesses
- Pay registration fee (approximately GHS 50–150)
- Receive the Marriage Certificate
Timeline: typically 1–3 days for straightforward registrations.
Can You Register Years After the Ceremony?
Yes. There is no strict deadline for registering a customary marriage, though registering soon after the ceremony is strongly recommended. Late registrations may require additional evidence of the marriage (statutory declarations from family members, witnesses, etc.).
Customary Marriage vs Ordinance Marriage
- Customary marriage: Traditional ceremony + registration under PNDC Law 112. Allows polygyny (a man can marry multiple women under customary law).
- Ordinance (civil/church) marriage: Marriage under the Marriages Act (Cap 127). This is a monogamous marriage — neither party can legally marry another person while this marriage exists. Registered at the same registry.
If you have a customary marriage and later marry the same person under the Ordinance, the Ordinance marriage supersedes and becomes the governing regime — making it monogamous going forward.
For estate planning, read our Estate Administration Guide. Also see intestate succession rules and property rights in customary marriages.