He claims that customary weddings have the same legal
safeguards as ordinance marriages, especially when it comes to maintenance,
child custody, property settlement, and dissolution.
In an interview with Graphic Online, he stated that it was
incorrect to believe that only monogamous (ordinance) marriages may be
dissolved in court.
Mr Owusu Asante explained that regardless of whether a
traditional marriage is legally registered or not, Ghanaian law establishes an
exception that permits partners to seek judicial dissolution. Furthermore,
under monogamous marriage regulations, these partners are eligible to petition
for maintenance and other ancillary reliefs.
“Under our laws—specifically Section 41(3) of the
Matrimonial Causes Act 1971, Act 367—there is an exception for those who
contract customary marriages,” he explained.
"Parties in customary marriages are entitled to all the
same rights regarding property settlement and maintenance as those in ordinance
marriages. A party to a polygamous marriage, also known as a customary
marriage, may formally request a divorce from the court under Section 41(3). As
long as the marriage is recognised by custom, you can apply to court to have it
dissolved or cancelled even if it was not recorded. Applications for maintenance
and other ancillary reliefs are also available.
Engagement or Customary Marriage?
Additionally, Mr Owusu Asante highlighted a common
misunderstanding that exists between "engagement" and traditional
marriage. He emphasised that traditional marriage is a unique, legitimate, and
accepted type of marriage and that "engagement" is not a legal term
under Ghanaian law.
"Customary marriage is frequently referred to as
'engagement', but in family law, an engagement does not exist," he stated.
"A legitimate customary marriage is what people refer
to as 'engagement'," he stated.
Is a wedding required after engagement?
In addition, he clarified that a customary marriage is not
legally required before entering into an ordinance (civil) marriage, nor is an
ordinance marriage in and of itself necessary for a partnership to be
recognised by the law.
The ordinance marriage, however, takes precedence over the
customary one in cases where a couple performs both.
"Getting married in a customary marriage before getting
married in an ordinance marriage is not required by law. In a similar vein, a
relationship does not always require an ordained marriage to be recognised by
law.
However, the ordinance marriage takes precedence over the
customary one if a couple performs a full customary marriage and then enters
into an ordinance marriage. We refer to this as a "conversion".
According to the legislation, a customary marriage ends when
an ordinance marriage takes effect.
In his closing remarks, he urged the public to acknowledge
the legal legitimacy of customary marriages rather than discounting them as
just cultural or ceremonial engagements that are subordinate to ordinance
marriages.