Ordinance Marriage Notice of Intended Marriage (Ghana)

An Ordinance Marriage Notice of Intended Marriage in Ghana gives formal notice of the sender's position or demand and the action required of the recipient.

Ghana recognises three distinct forms of marriage under its legal framework: customary marriage under customary law, Islamic marriage under Islamic personal law, and ordinance marriage under the Marriages Act 1884-1985 (Cap. 127). Ordinance marriage is the statutory form of marriage conducted before a licensed marriage officer and carries the same legal effects as a marriage solemnised in a licensed place of worship under Part III of the Marriages Act 1884-1985 (Cap. 127). An ordinance marriage creates a monogamous union — meaning neither party may contract another valid marriage during the subsistence of the ordinance marriage — and is the form of marriage that is recognised for purposes of the Intestate Succession Act 1985 (PNDCL 111) and the Children's Act 1998 (Act 560).

The Marriages Act 1884-1985 (Cap. 127) governs the formation and registration of ordinance marriages in Ghana. Section 12 of the Act requires that any person intending to marry under the Marriages Act must give notice of the intended marriage to the marriage registrar of the district in which each of the parties has been resident for at least the preceding seven days. Where both parties are resident in the same district, a single notice to the marriage registrar of that district is sufficient. Where the parties are resident in different districts, separate notices must be given to the marriage registrar of each district, and a certificate must be obtained from each registrar before the marriage can proceed.

The Births and Deaths Registry, operating under the Births and Deaths Registry Act 2020 (Act 1027), maintains records of marriages in Ghana alongside birth and death records. The marriage registrar in each district is typically the district registrar of the Births and Deaths Registry or a person appointed by the Registrar-General. Under Section 15 of the Marriages Act 1884-1985 (Cap. 127), after receiving the notice, the marriage registrar enters the notice in the Marriage Notice Book and displays a copy of the notice in a conspicuous place at the registry for a period of not less than twenty-one days, during which any person may enter a caveat against the grant of a marriage certificate.

Under Section 14 of the Marriages Act 1884-1985 (Cap. 127), the marriage registrar must issue a marriage certificate — commonly called a Registrar's Certificate — once the twenty-one-day notice period has expired and no valid caveat has been entered, or once any caveat entered has been dismissed. The Registrar's Certificate authorises the licensed marriage officer to solemnise the marriage within three months of the date of the certificate. If the marriage is not solemnised within three months, a fresh notice must be given and fresh certificates obtained.

Ordinance marriages may be solemnised either at the marriage registry by the marriage registrar acting as marriage officer, or at a church or other place of worship licensed under Section 9 of the Marriages Act 1884-1985 (Cap. 127) by a minister of religion who holds a licence as a marriage officer granted by the Minister responsible for Interior Affairs. The High Court of Ghana (Family Division) has jurisdiction over all matters relating to the validity, nullity, and dissolution of ordinance marriages under the Matrimonial Causes Act 1971 (Act 367).

An Ordinance Marriage Notice of Intended Marriage in Ghana is needed whenever two persons intend to marry by ordinance — that is, a statutory civil or licensed church marriage — under the Marriages Act 1884-1985 (Cap. 127), as it is the mandatory first step in the legal process before the marriage can be solemnised.

An Ordinance Marriage Notice is required when a Ghanaian citizen and a foreign national intend to marry in Ghana under the Marriages Act 1884-1985 (Cap. 127), because an ordinance marriage is the form of marriage that will be recognised in most foreign jurisdictions for purposes of spousal visa applications and family reunion under international immigration rules.

An Ordinance Marriage Notice is needed when two persons wish to marry in a licensed church in Ghana — including churches licensed under Section 9 of the Marriages Act 1884-1985 (Cap. 127) — and wish the marriage to have full statutory effect under Ghanaian law, including recognition under the Intestate Succession Act 1985 (PNDCL 111) and the Children's Act 1998 (Act 560).

An Ordinance Marriage Notice is required when a Ghanaian professional living abroad intends to return to Ghana to marry, and the parties want a marriage that will be recognised by the Ghana Immigration Service and by foreign embassies in Accra for the purpose of spousal documentation.

An Ordinance Marriage Notice is needed when two persons who have previously conducted only a customary marriage wish to upgrade their union to an ordinance marriage under the Marriages Act 1884-1985 (Cap. 127), thereby converting it to a legally monogamous union with the full inheritance and succession rights associated with ordinance marriage under the Intestate Succession Act 1985 (PNDCL 111).

Parties intending to give an Ordinance Marriage Notice in Ghana should confirm that both parties are of marriageable age under Section 18 of the Marriages Act 1884-1985 (Cap. 127), that neither party is already married under a subsisting ordinance or Islamic marriage, and that the parties are not within the prohibited degrees of consanguinity or affinity set out in the Schedule to the Marriages Act 1884-1985 (Cap. 127). Supporting documents including a birth certificate or Ghana Card issued by the National Identification Authority (NIA) and a declaration of marital status may be required by the marriage registrar.

An Ordinance Marriage Notice of Intended Marriage in Ghana under Section 12 of the Marriages Act 1884-1985 (Cap. 127) must contain the following essential elements.

Parties' Details: The full legal name, age, marital status, occupation, and place of residence of each party intending to marry. Residence must be within the district of the marriage registrar to whom the notice is given, and each party must have been resident in that district for at least seven days immediately before giving the notice, as required by Section 12(1) of the Marriages Act 1884-1985 (Cap. 127).

Identification: The Ghana Card number or passport number of each party, as issued by the National Identification Authority (NIA) or the Passport Office under the Passports Act 2021. The Births and Deaths Registry requires proof of identity and age before accepting the notice.

Place of Intended Marriage: The name and address of the marriage registry or licensed place of worship at which the marriage is to be solemnised, and the name of the licensed marriage officer who will conduct the ceremony. Licensed places of worship are those registered under Section 9 of the Marriages Act 1884-1985 (Cap. 127).

Date of Intended Marriage: The proposed date of the marriage ceremony. The marriage must take place within three months of the date of the Registrar's Certificate issued following the notice period, failing which fresh notices must be given and fresh certificates obtained under Section 14 of the Marriages Act 1884-1985 (Cap. 127).

Declaration of No Impediment: A declaration by each party that there is no legal impediment to the marriage — meaning neither party is already married under a subsisting ordinance or Islamic marriage, neither party is within the prohibited degrees of consanguinity or affinity, and both parties are of full capacity and marriageable age under Section 18 of the Marriages Act 1884-1985 (Cap. 127).

Witness Details: The name and address of at least one witness to the signing of the notice, as required by the marriage registrar. Witnesses must be adults of full legal capacity.

District Registry Details: The name of the district in which the notice is being filed and the name and district of the marriage registrar accepting the notice, because separate notices may be required for each district in which a party is resident under Section 12(2) of the Marriages Act 1884-1985 (Cap. 127).

Forms-legal.com provides this Ordinance Marriage Notice template as a starting point for persons intending to marry under the Marriages Act 1884-1985 (Cap. 127) in Ghana. Parties should attend the district Births and Deaths Registry in person, as the marriage registrar may require additional documents including birth certificates, divorce certificates or decrees absolute from the High Court (Family Division) in Accra, and letters of no impediment from foreign embassies for non-Ghanaian nationals.

Additional compliance elements for a Ordinance Marriage Notice of Intended Marriage (Ghana) used in Ghana include: Under Ghanaian law, the Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. The Marriages Act 1884-1985 (Cap. 127) and Marriages Ordinance (Cap. 127) govern civil marriages. The Intestate Succession Law 1985 (PNDC Law 111) overrides customary succession for specified relatives. The Courts Act 1993 (Act 459) governs court procedures. The Children's Act 1998 (Act 560) governs child welfare. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.