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FIRST REPUBLIC
MARRIAGE ORDINANCE, 1951 (CAP 127)
As amended
ARRANGEMENT OF SECTIONS
Section
PART 1—PRELIMINARY
1. Short Title and
Application.
2. Interpretation.
3. Constitution of
Marriage Districts.
4. Appointment of
Registrars of Marriages.
5. Offices of
Registrars.
6. Appointment of
Marriage Officers.
7. Savings of Orders
Made Under Section 3, 4, 5, and 6 as Applied to Ashanti
and the Northern Territories by Cap. 110 and Cap. 111.
8. Places of Worship to
be Licensed for Celebration of Marriages.
9. Authorities for
Solemnisation of Marriage.
PART 2—PRELIMINARIES TO
MARRIAGE
Division 1—Registrar's
Certificate.
10. Notice of Marriage.
11. Notice by Person
Unable to Write or to Understand English.
12. Registrar to Supply
Forms of Notice.
13. Notice to be
Entered in Marriage Notice Book and Published.
14. Issue of
Certificate of Notice.
15. Issue of
Certificate of Notice.
Division 2—Marriage
Officer's Certificate.
16. Notices for Banns.
17. By whom to be
Published. Authority to Publish Banns.
18. Method of
Publication.
19. Endorsement of
Publication of Banns on Notice.
20. Prohibition of
Banns.
21. Issue of Marriage
Officer's Certificate.
22. If Marriage not
Solemnised within Three Months.
Division 3—Special
Licence.
23. Special Licence by
Principal Registrar.
24. Caveat.
Division 4—Objections
to Marriage.
25. When Caveat
Entered, Question to be Referred to Court.
26. Removal of Caveat.
Division 5—Consent to
Marriage in Certain Cases Necessary.
27. Consent to Marriage
of Minors.
28. Signature of
Consent by Person unable to Write or to Understand
English Language.
29. If No Parent or
Guardian Capable of Consenting, any Judge, Etc., may
give Consent.
PART 3—CELEBRATION OF
MARRIAGE
30. Marriages in
Licensed Place of Worship by Recognised Minister.
Between Hours of 8 a.m. and 6 p.m. Witnesses.
31. Minister not to
Celebrate Marriage in Certain Cases.
32. Where Minister may
Celebrate Marriage.
33. Registrar, Etc., to
be Provided with Books or Certificates.
34. Entries to be made
in Marriage Certificate.
35. Signature of
Certificates. Duplicate Certificate to be Sent to
Registrar.
36. Marriage in a
Registrar's Office.
37. Marriage
Certificate to be Signed Duplicate Certificate to be
Filed in Registrar's Office.
38. Marriage under
Principal Registrar's Licence.
PART 4—REGISTRY AND
EVIDENCE OF MARRIAGES
39. Marriage Register
Book.
40. Correction of
Clerical Errors in Marriage Certificates.
41. Evidence of
Marriage.
PART 5—INVALID
MARRIAGES
42. Marriage with
Deceased Wife's Sister or Niece Lawful.
43. Marriages under
Ordinance Valid.
44. Native Marriages,
Effect of Ordinance as to.
PART 6—MARRIAGES
ALREADY CELEBRATED
45. Certain Existing
Marriages Validated.
46. Existing Registers
of Marriages to be Transmitted to Principal Registrar.
47. Certain Expenses to
be Defrayed from General Revenue.
PART 7—SUCCESSION TO
INTESTATE'S PROPERTY
48. Effect of Marriage
in case of Natives.
49. Legitimation of
Children born before Marriage.
PART 8—FEES
50. Fees.
51. Fees may be
Remitted on Ground of Poverty.
52. Ministers may
Receive Customary Fees.
PART 9—FORMS
53. Forms.
53A. Repeals.
SCHEDULES
Schedule 1
Form A—Registrar's
certificate.
Form B—Special licence.
Form C—Book of marriage
certificates.
Form D—Marriage
register book
Form E—Notice for banns
(By one party only)
Form F—Notice for
banns (Notice for Banns (by Both Parties).
Form G—Authority to
publish banns of marriage
Form H—Endorsement of
publication of banns.
Form I—Marriage
officer's certificate. (Marriage Officer's Certificate
(where notice given by one Party).
Form J—Marriage
officer's certificate. (Marriage Officer's Certificate
(where joint Notice given.)
Schedule 2—Fees
(GOLD COAST)
McCarthy
Cap. 105.
Ordinances
Nos.
14 of 1884,
2 of 1909,
6 of 1909,
18 of 1914,
17 of 1921,
s.2,
30 of 1935,
44 of 1935,
45 of 1935,
34 of 1950,
13 of 1951,
50 of 1952.
AN ORDINANCE FOR
REGULATING THE LAW OF MARRIAGE
Date of Commencement.
19th November, 1884.
PART 1—PRELIMINARY
Section 1—Short Title
and Application.
This ordinance may be
cited as the "Marriage Ordinance," and shall apply to
the Gold Coast. (30 of 1935, s.2.)
Section
2—Interpretation.
In this Ordinance,
unless the context otherwise requires—
"Council" means any
city or District Council established under the Local
Government Act, 1993 (Act 462) and includes the area of
authority of a District Assembly [As inserted by the
Local Government Act, 1993 (Act 462), sch. 7]
District
"District" means a
marriage district constituted under this Ordinance.
Principal Registrar
“Principal Registrar'’
means the Registrar General.[As substituted by the
Marriage (Amendment) Ordinance, 1954 (No. 12 of 1954),
s.2]
Registrar
"Registrar" means a
registrar of marriages, and includes an officer of the
District Assembly designated for the purpose by the
District Chief Executive;[As amended by The Local
Government Act, 1993 (Act 462), sch. 7]
Section 3—Constitution
of Marriage Districts.
The Governor in Council
shall, by order published in the Gazette, divide the
Gold Coast into districts for the purposes of this
Ordinance, herein referred to as marriage districts, and
may from time to time by order published in the Gazette,
alter the marriage districts, either by alteration of
boundaries or by union or subdivision of districts, or
by the formation of new districts. (Amended by 30 of
1935, s.2.)
Section 4—Appointment
of Registrars of Marriages.
(1) The Minister
responsible for the Interior shall, from time to time,
appoint a fit and proper person to be the registrar of
marriages for each marriage district, and may revoke
such appointments, and may also from time to time
appoint a deputy registrar or deputy registrars of
marriages for a district. (Amended by 34 of 1950, s.3.
and further amended by The Marriage (Amendment)
Ordinance, 1956 s.2]
(2) The Minister
responsible for the Interior may also appoint a deputy
registrar of marriages for any particular place. (Added
by 34 of 1950, s.3, and amended by 50 of 1952.)[As
amended by The Marriage (Amendment) Ordinance, 1956 (No.
26 of 1956), s.2]
(3) A deputy registrar
of marriages shall, within the district or place for
which he is appointed, have all the powers of a
registrar of marriages. (Added by 34 of 1950, s.3.)
Section 5—Offices of
Registrars.
Every registrar shall
have an office at such place in his district as the
Minister responsible for the Interior shall from time to
time direct. The office of the Principal Registrar shall
be at the seat of government.[As amended by The Marriage
(Amendment) Ordinance, 1956 (No. 26 of 1956), s.2]
Section 6—Appointment
of Marriage Officers.
(1) The Minister
responsible for the Interior may, by writing under his
hand, appoint any minister of religion to be a marriage
officer for such marriage district or districts as may
be named in such writing, and may in like manner vary or
suspend or revoke any such appointment.[As amended by
The Marriage (Amendment) Ordinance, 1956 (No. 26 of
1956), s.2]
Publication
(2) Every such
appointment, variation, suspension, and revocation shall
take effect on publication in the Gazette.
Liberty of Minister
(3) No minister who is
appointed a marriage officer shall be compellable to act
as a marriage officer with respect to any marriage which
is contrary to the rules of the religious denomination
to which he belongs. (Added by 2 of 1909, s.2.)
Section 7—Savings of
Orders Made Under Section 3, 4, 5, and 6 as Applied to
Ashanti and the Northern Territories by Cap. 110 and
Cap. 111.
(1) All orders made
under sections 3, 4, 5, and 6, as applied to Ashanti by
section 22* of the Administration (Ashanti) Ordinance,
and to the Northern Territories by section 22+ of the
Administration (Northern Territories) Ordinance and in
force on the 1st day of July, 1935, shall be deemed to
have been made and to be in force under this Ordinance.
(Added by 30 of 1935, s.2)
(2) Subsection (1)
shall, with effect from the 1st day of July, 1935, in
its application to Ashanti and the Northern Territories
be read and construed as if there were inserted after
the figure "6" the words and figure "and licences
granted under section 8". (Amended by 44 and 45 of
1935, s.2.)
Section 8—Places of
Worship to be Licensed for Celebration of Marriages.
(1) A Regional Officer
or Senior Government Agent may license any place of
public worship within his region or the area of his
jurisdiction as the case may be to be a place for the
celebration of marriages, and may at any time cancel
such licence: in either case the Regional Officer or the
Senior Government Agent, as the case may be shall give
notice thereof in the Gazette. (Amended by 17 of 1921,
s.2.)[As amended by the Marriage (Amendment) Ordinance,
1956 (No. 26 of 1956), s.3(a)]
(2) In Ashanti and the
Northern Territories, the Chief Commissioner may license
any place of public worship to be a place for the
celebration of marriages, and may at any time cancel
such licence; in either case the Chief Regional Officer
shall give notice thereof in the Gazette. (Amended by 44
and 45 of 1935, s:2.)[As amended by the Marriage
(Amendment) Ordinance, 1956 (No. 26 of 1956), s.3(b)]
Cap. 110
Cap. 111
Ashanti No. 8 of 1932.
N.T. No. 7 of 1932.
(3) Any question
arising after the 31st day of December, 1935, as to the
validity of any licence granted under subsection (1) of
section 8, in its application to Ashanti under the
Administration (Ashanti) Ordinance or to the Northern
Territories under the Administration (Northern
Territories) Ordinance, by a Provincial Commissioner or
the Assistant Chief Commissioner discharging ex officio
the powers of a Provincial Commissioner under section 3
of the Ashanti Assistant Chief Commissioner's Ordinance,
1932, or under section 3 of the Northern Territories
Assistant Chief Commissioner's Ordinance, 1932, shall be
determined as if the provisions of subsection (2) of
section 8 had been in force as from the 1st day of July,
1935. (44 and 45 of 1935, s.4.)
Section 9—Authorities
for Solemnisation of Marriage.
Marriage may be
solemnised under the authority of—
(1) A registrar's
certificate;
(2) Marriage officers'
certificates, or one such certificate, when sufficient;
(3) A special licence
from the Principal Registrar. (Added by 2 of 1909,
s.3.)[As amended by the Marriage (Amendment) Ordinance,
1956 (No. 26 of 1956), s.4]
PART 2—PRELIMINARIES TO
MARRIAGE
Division 1—Registrar's
Certificate.
Section 10—Notice of
Marriage.
Whenever after the
commencement of this Ordinance, any persons desire to
marry under the authority of a registrar's certificate,
one of the parties to the intended marriage shall sign
and give to the registrar of the district in which the
marriage is intended to take place, a notice in the
following form—
NOTICE OF MARRIAGE
To the Registrar of
Marriages for the District of the Gold Coast.
I hereby give you
notice that a marriage is intended to be had within
three months from the date hereof between me the
undersigned and the other party herein named.
Name.
Condition. Occupation, rank or profession.
Age. Dwelling or place of abode. Consent, if any, and
by whom given.
Bridegroom
Bride ...
Bachelor or widower
Spinster or widow.
Boatman, etc. (as case may be).
Washer (as case may
be). 23
18 James Town,
Accra.
Ussher Town,
Accra.
Father.
Witness my hand,
this day
of 19, .
Signature,
(Amended by 2 of 1909,
s.4, and 30 of 1935, s.2.)
Section 11—Notice by
Person Unable to Write or to Understand English.
Should the person
giving such notice be unable to write or be
insufficiently acquainted with the English language, or
both, then it shall be sufficient if the places his mark
or cross thereto in the presence of some literate person
who shall attest the same, which attestation shall be in
the following form—
Signed by the
........................ said at
........................... on the day of
..................... , 19 : this paper, writing,
or notice having been first read over to him (her) (or
read over and truly interpreted to him (her) in the
language), by, he (she) seemed to understand the same
and made his (her) mark thereto in my presence.
Signed,
Section 12—Registrar to
Supply Forms of Notice.
Every registrar shall
supply forms of notice gratuitously to persons applying
for the same.
Section 13—Notice to be
Entered in Marriage Notice Book and Published.
Upon receipt of such
notice the registrar shall cause the same to be entered
in a book to be called the Marriage Notice Book, which
may be inspected during office hours without fee: he
shall also publish such notice by causing a copy of the
same to be affixed on the outer door of his office, or
on a notice board outside his office, and to be kept
exposed there until he grant his certificate as
hereinafter mentioned, or until three months shall have
elapsed. (Amended by 2 of 1909, s.5.)
Section 14—Issue of
Certificate of Notice.
Schedule 1, Form A.
Proof of Conditions.
The registrar at any
time after the expiration of twenty-one days and before
the expiration of three months from the date of the
notice, upon payment of the prescribed fee, shall
thereupon issue his certificate in the Form A in
Schedule 1: Provided always that he shall not issue such
certificate until he has been satisfied by affidavit—
Residence
(1) That one of the
parties has been resident within the district in which
the marriage is intended to be celebrated at least
fifteen days preceeding the granting of the certificate.
(2) [Repealed by the
Children's Act, 1998 (Act 560), sch. to s.125].
No Impediment
(3) That there is not
any impediment of kindred or affinity, or any other
lawful hindrance to the marriage.
No Existing Native
Marriage
(4) That neither of the
parties to the intended marriage is married by native
law or custom to any person other than the person with
whom such marriage is proposed to be contracted.
Such affidavit may be
sworn before the registrar, or before a Magistrate.
(Amended by 30 of 1935, s.2.)
Explanations to be
Given. Cap 9.
The registrar or
Magistrate taking such affidavit shall explain to the
person making the same what are the prohibited degrees
of kindred and affinity, and the penalties which may be
incurred under sections 448 and 449 of the Criminal
Code. (Amended by 2 of 1909, s. 6.)
Section 15—Marriage to
take Place Within Three Months After Date of Notice.
If the marriage shall
not take place within three months after the date of the
notice, the notice and all proceedings consequent
thereupon shall be void; and fresh notice must be given
before the parties can lawfully marry under a
registrar's certificate. (Amended by 2 of 1909, s.7.)
Division 2—Marriage
Officer's Certificate.
Section 16—Notices for
Banns.
By One Party.
Schedule 1, Form E
Joint Notice.
Schedule 1, Form F.
Marriage Officers'
Certificate.
Schedule 1, Form J.
Whenever any persons
desire to marry under the authority of a marriage
officer's certificate, each of such persons shall, four
days at least before the time required for the first
publication of banns of marriage, deliver to a marriage
officer for the district in which he or she resides, a
notice in writing in the Form E in Schedule 1: Provided
that where both such persons have for fifteen days
previously to giving such notice resided in the same
town or village, and are members or the same religious
denomination, a single notice in the Form F in Schedule
1 shall be sufficient, and banns of marriage need be
published only in the place of worship of such religious
denomination at that town or village, and one marriage
officer's certificate in the Form J in Schedule 1 shall
be sufficient authority for the solemnisation of the
marriage. (Added by 2 of 1909, s.8.)
Section 17—By Whom to
be Published. Authority to Publish Banns.
Schedule 1, Form G.
(1) On the receipt of
such notice of intended marriage the marriage officer
shall (subject to the provisions of subsection (3) of
section 6) either personally publish published the banns
of marriage between the parites named in such notice at
the town or village where the person giving such notice
resides, in the place of worship of the religious
denomination to which such person belongs, or shall
cause such banns to be there published by some persons
duly authorised for the purpose in writing by the
marriage officer by endorsement on the notice in the
Form G in Schedule 1.
(2) Where separate
notices of an intended marriage are required to be
given, banns must be published separately in respect of
each of such notices. (Added by 2 of 1909, s.8.)
Section 18—Method of
Publication.
Form of Banns.
(1) Publication shall
be made in the face of the congregation in an audible
manner both in English and the vernacular some time
during public divine service on a Sunday afternoon or
evening and shall be in the following form—
I publish the banns of
marriage between (name of intended husband) of (state
place of residence, as in notice) bachelor (or widower,
as the case may be), and (name of intended wife) of
(state place of residence, as in notice) spinster (or
widow, as the case may be).
If any of you know
cause or just impediment why these two persons should
not be joined together in holy matrimony, ye are to
declare it.
This is for the first
(second, or third, as the case may be) time of asking.
(2) Such publication
shall be made on three Sundays.
Provided that where the
person authorised to publish the banns is not familiar
with the vernacular it shall be lawful for him to depute
some person to publish the banns in the vernacular, and
the banns shall be so published in the vernacular
immediately after their publication in English. (Added
by 2 of 1909, s.8.)
Section 19—Endorsement
of Publication of Banns on Notice.
Schedule 1, Form H.
The person publishing
the banns shall endorse the dates of such publications
on the notice, in the Form H in Schedule 1, and if he be
not the marriage officer, shall return the notice duly
endorsed to the marriage officer. (Added by 2 of 1909,
s.8.)
Section 20—Prohibition
of Banns.
A person desiring to
forbid a marriage by banns shall do so in manner
provided by section 24. (Added by 2 of 1909, s.8.)
Section 21—Issue of
Marriage Officer's Certificate.
Schedule 1, Form I.
Schedule 1, Form J.
The marriage officer on
being satisfied of the due publication of the banns, and
if no caveat shall have been entered as hereinafter
provided, or if any such caveat has been entered but
duly removed, shall at any time within three months of
the date of the last publication of banns grant to the
person by whom the notice of intended marriage has been
given, if a separate notice, a marriage officer's
certificate in the Form I in Schedule 1, or to one of
the persons by whom a joint notice of intended marriage
has been given, a certificate in the Form J in the said
Schedule 1. (Added by 2 of 1909, s.8.)
Section 22—If Marriage
not Solemnised within Three Months.
If the marriage shall
not have been solemnised within three months of the last
publication of banns, such publication and all
proceedings consequent thereon shall be void, and before
the parties can be married by banns it shall be
necessary to re-publish banns anew in manner and form
aforesaid, as if no banns had ever been published
between them. (Added by 2 of 1909, s.8.)
Division 3—Special
Licence.
Section 23—Special
Licence by Principal Registrar.
Schedule 1, Form B.
The Principal
Registrar, upon proof being made to him by affidavit
that there is no lawful impediment to the proposed
marriage, and that the necessary consent, if any, to
such marriage has been obtained, may, if he shall think
fit, dispense with the giving of notice, and with the
issue of the certificate of the registrar, and may grant
his licence, which shall be according to Form B in
Schedule 1, authorising the celebration of a marriage
between the parties named in such licence by a
registrar, or by a recognised minister of some religious
denomination or body.
Any such marriage may
be celebrated in a place other than a licensed place of
worship or a registrar's office if the Principal
Registrar so authorises. (Amended by 34 of 1950,
s.4.)[As amended by the Marriage (Amendment) Ordinance,
1956 (No. 26 of 1956), s.4]
Division 4—Objections
to Marriage.
Section 24—Caveat.
(1) Any person whose
consent to a marriage is hereby required, or who may
know of any just cause why the marriage should not take
place, may enter a caveat against the issue of a
registrar's or marriage officer's certificate in manner
following—
Against Issue of
Registrar's Certificate.
(a) If the marriage is
to be solemnised under the authority of a registrar's
certificate, such person shall at any time before the
issue of such certificate write the word "Forbidden"
opposite to the entry of the notice in the Marriage
Notice Book and append thereto his name and place of
abode, and the grounds upon or by reason of which he
claims to forbid the marriage;
Against Issue of
Marriage Officer's Certificate.
(b) If the marriage is
to be solemnised under the authority of marriage
officers' certificates, or one such certificate, after
publication of banns, such person shall give notice in
writing to the person publishing the banns that he
forbids the marriage and shall append his name and place
of abode to such notice, and specify therein the grounds
upon or by reason of which he claims to forbid the
marriage. The person publishing the banns, if he be not
the marriage officer, shall forward such notice without
delay to the marriage officer, and shall, unless he
shall have already returned the notice of the intending
marriage to the marriage officer, record on such notice
of intended marriage the fact and date of the receipt of
the notice forbidding the marriage.
Effect of Caveat.
(2) No registrar or
marriage officer shall issue his certificate until such
caveat is removed as hereinafter provided. (Substituted
by 2 of 1909, s.10.)
Section 25—When Caveat
Entered, Question to be Referred to Court.
(1) Whenever a caveat
is entered against the issue of a registrar's or
marriage officer's certificate, the registrar or
marriage officer, as the case may be, shall without
delay refer the matter to a Judge of the nearest
Divisional Court.
(2) If the Judge is of
opinion that no legal ground has been disclosed in the
caveat for forbidding the issue of the certificate, he
may remove the caveat in manner hereinafter prescribed
without requiring any of the parties to appear.
(3) In other cases the
Judge shall summon the parties to the intended marriage,
and the person by whom the caveat has been entered, and
shall require such last-named person to show cause why
the registrar or marriage officer, as the case may be,
should not in due course issue his certificate.
(4) Every such case
shall be heard and determined in a summary way, and the
Judge may award compensation and costs to the party
injured, if it appear that a caveat was entered on
insufficient grounds. The decision of the Judge shall be
final. (Substituted by 2 of 1909, s.10.)
Section 26—Removal of
Caveat.
(1) If the Judge
decides that the certificate ought to issue, he shall
remove the caveat in manner following, viz—
In Case of Registrar's
Certificate.
(a) In the case of a
registrar's certificate, by cancelling the word
"Forbidden" in the Marriage Notice Book in ink, and
writing in such Marriage Notice Book immediately below
such entry and cancellation, the words "Cancelled this
day of , 19 , by order
of the Divisional Court at ," and signing
his name thereto;
In Case of Marriage
Officer's Certificate.
(b) In the case of a
marriage officer's certificate, by a declaration under
his hand that the intended marriage is proper and may be
solemnised in due course, a certified copy of which
declaration shall be forwarded by the registrar of the
Court to the marriage officer by whom the caveat was
referred.
Effect of Removal
(2) On the removal of
the caveat the registrar or marriage officer, as the
case may be, may issue his certificate in due course,
and the marriage officer, as the case may be, may issue
his certificate in due course, and the marriage may
proceed as if the caveat had not been entered, but the
time that has elapsed between the entering and the
removal of the caveat shall not be computed in the
period of three months specified in section 13, 14, 15,
or 22. SUbstituted by 20 of 1909, s.10.)
Division 5—Consent to
Marriage in Certain Cases Necessary.
Section 27—Consent to
Marriage of Minors.
[Repealed by the
Children's Act, 1998 (Act 560), sch. to s.125]
Section 28—Signature of
Consent by Person unable to Write or to Understand
English Language.
If the person required
to sign such consent is unable to write or is
insufficiently acquainted with the English language or
both, then he shall sign such consent by placing his
mark or cross thereto in the presence of one of the
following persons—
(1) Any Judge;
(2) Any Magistrate;
(3) [As deleted by
Marriage (Amendment) Ordinance, 1956 s.5]
(4) Any Registrar of
Marriages;
(5) Any Registrar of
the Supreme Court;
(6) Any Government
Medical Officer or Medical Officer of Her Majesty's
Forces;
(7) Any minister of
religion.
Such signature shall be
attested by such person and shall be in the following
form or as near thereto as may be—
Signed by the said at
on the day of , 19 : this
paper, writing, or consent having been first read over
and truly interpreted) to him (her) in the
language by he (she) seemed to understand
the same, and made his (her) mark thereto in my
presence.
Before me,
A.B.,
Judge or Magistrate (or
as the case may be).
(Amended by 30 of 1935,
s.2.)
Section 29—If No Parent
or Guardian Capable of Consenting, any Judge, Etc., may
give Consent.1
If there be no parent
or guardian of such party residing in the Gold Coast and
capable of consenting to the marriage, then any of the
following persons may consent to such marriage in
writing, upon being satisfied after due enquiry that the
marriage is a proper one—
(1) [Deleted by
Marriage (Amendment) Ordinance, 1956 (No. 26 of 1956),
s.6]
(2) Any Judge;
(3) The
Attorney-General;
(4) Any Magistrate,
and such consent shall
be as effectual as if the father or mother had
consented. (Amended by 30 of 1935, s.2.)
PART 3—CELEBRATION OF
MARRIAGE
Section 30—Marriages in
Licensed Place of Worship by Recognised Minister.
Between Hours of 8 a.m. and 6 p.m. Witnesses.
Marriages may hereafter
be celebrated in any licensed place of worship by any
recognised minister of the church, denomination, or boy
to which such place of worship belongs, and according to
therites or usages of marriage observed in such church,
denomination, or body, provided that the marriage be
celebrated with open doors between the hours of eight
o'clock in the forenoon and six o'clock in the
afternoon, and in the presence of two or more witnesses
besides the officiating minister.
Section 31—Minister not
to Celebrate Marriage in Certain Cases.
No minister shall
celebrate any marriage if he knows of any just
impediment to such marriage, nor shall he celebrate any
marriage until the parties deliver to him either—
Schedule 1, Form A
(1) A registrar's
certificate; or
Schedule 1, Form 1.
Schedule 1, Form J.
(2) Two marriage
officers' certificates in the Form I in Schedule 1, one
in respect of each party, or one marriage officer's
certificate in the Form J in Schedule 1; or
Schedule 1, Form B.
(3) The Principal
Registrar licence. (Substituted by 2 of 1909, s.11.)[As
amended by the Marriage (Amendment) Ordinance, 1956 (No.
26 of 1956), s.7]
Section 32—Where
Minister May Celebrate Marriage.
No minister shall
celebrate any marriage except in a building which has
been duly licensed under the provisions of section 8 of
this Ordinance, or in such place as the Principal
Registrar's licence may direct.[As amended by the
Marriage (Amendment) Ordinance, 1956 (No. 26 of 1956),
s.8]
Section 33—Registrar,
Etc., to be Provided with Books or Certificates.
Schedule 1, Form C.
The Principal Registrar
shall cause to be printed and delivered to the several
registrars, and to the recognised ministers of licensed
places of worship, books of marriage certificates in
duplicate and with counterfoils in the form marked C in
Schedule 1. Such books shall be kept by the several
registrars and the recognised ministers for the time
being of such places of worship, under lock and key, and
being the custody of such registrars and ministers
respectively, who shall so soon as all the marriages
certificates in any such book have been used, send the
said book with the counterfoils duly filled in to the
Principal Registrar, who shall preserve the same in his
office.[As amended by the Marriage (Amendment)
Ordinance, 1956 (No. 26 of 1956), s.9]
Section 34—Entries to
be made in Marriage Certificate.
Immediately after the
celebration of any marriage by a minister, the
officiating minister shall make the following entries in
duplicate in the marriage certificate—
(1) The number of the
certificate;
(2) The date of
marriage;
(3) The names of the
parties;
(4) Whether of full age
or minor;
(5) Condition, whether
bachelor or widower, spinster or widow;
(6) Occupation, rank,
or profession;
(7) Residence at time
of marriage;
(8) Father's or
mother's name, if known; their occupatIon, if known.
And he shall make the
first three entries and also enter the names of the
witnesses in the counterfoil thereof.
Section 35—Signature of
Certificates. Duplicate Certificate to be Sent to
Registrar.
The certificates shall
then be signed in duplicate by the officiating minister,
by the parties, and by two or more witnesses to the
marriage. The minister, having also signed his name to
the counterfoil, shall sever the duplicate certificate
therefrom, and shall deliver one certificate to the
parties and shall within seven days thereafter transmit
the other to the registrar of marriages for the district
in which the marriage takes place, who shall file the
same in his office.
Section 36—Marriage in
a Registrar's Office.
Form to be Observed.
After the issue of a
certificate by a registrar under section 14 or section
26, the parties may, if they think fit, contract a
marriage before any registrar in the presence of two
witnesses in his office with open doors,between the
hours of eight o'clock in the forenoon and four o'clock
in the afternoon on any week-day not being a public
holiday and in the following manner— (Amended by 34 of
1950 s.5.)[As amended by the Marriage (Amendment)
Ordinance, 1956 (No. 26 of 1956), s.10]
The registrar shall,
either directly or through an interpreter, address the
parties thus—
"Do I understand you
A.B. and you C.D. that you come here for the purpose of
becoming man and wife?"
Upon their answering in
the affirmative he shall proceed thus—
"Know ye that by the
public taking of each other as man and wife in my
presence and in the presence of the persons now here,
and by the subsequent attestation thereof by signing
your names to that effect, you become legally married to
each other, although no other rite of a civil or
religious nature shall take place, and that this
marriage cannot be dissolved during your lifetime,
except by a valid judgment of divorce, and if either of
you before the death of the other, shall contract
another marriage while this remains undissolved, you
will be thereby guilty of bigamy, and liable to the
punishment inflicted for that offence."
Each of the parties
shall then say to the other—
"I call upon all
persons here present to witness that I, A.B., do take
thee, C.D., to be my lawful wife (or husband)." (Amended
by 2 of 1909, s.12.)
Section 37—Marriage
Certificate to be Signed Duplicate Certificate to be
Filed in Registrar's Office.
The registrar shall
then fill up, and he and the parties and witnesses shall
sign the certificate of the marriage in duplicate, and
the registrar shall fill up and sign the counterfoil as
hereinbefore prescribed in the case of a marriage by a
minister, and shall deliver one certificate to the
parties and shall file the other in his office.
Section 38—Marriage
Under Principal Registrar's Licence.
Whenever the Principal
Registrar's licence authorises the celebration of
marriage at a place other than a licensed place or
worship, or the office of a registrar of marriages, the
registrar of the district in which such marriage is
intended to take place, upon the production of such
licence, shall deliver to the person producing the same,
a blank certificate of marriage in duplicate, and the
minister or registrar celebrating such marriage shall
fill up such certificate, and observe strictly all the
formalities herein before prescribed as to marriages in
a licensed place of worship, or registrar's office, as
the case may be.[As amended by the Marriage (Amendment)
Ordinance, 1956 (No. 26 of 1956), s.7]
PART 4—REGISTRY AND
EVIDENCE OF MARRIAGES
Section 39—Marriage
Register Book.
Schedule 1, Form D.
Schedule 2
Certified Copies of
Entries in Registries to be Sent to Principal Registrar.
The registrar of
marriages in each district shall forthwith register in a
book to be kept in his office for such purpose, and to
be called the Marriage Register Book, every certificate
of marriage which shall be filed in his office,
according to the Form D in Schedule 1; and every such
entry shall be made in order of date from the beginning
to the end of the book, and every entry so made shall be
dated on the day on which it is so entered, and shall be
signed by the registrar, and such book shall be indexed
in such manner as is best suited for each reference
thereto. Every such book shall be a record book, and
the registrar shall at all reasonable times allow
searches to be made therein, and shall give certified
copies therefrom upon payment of the fee mentioned in
Schedule 2.
Within ten days after
the last day of each month, every registrar, other than
the Principal Registrar, shall send to the Principal
Registrar a certified copy of all entries made by him
during the preceding month in the marriage register book
of his district, and the Principal Registrar shall file
the same in his office.
Section 40—Correction
of Clerical Errors in Marriage Certificates.
Any clerical error in a
certificate of marriage may, if discovered at the time
of making the entry, be then corrected by the registrar
or minister performing a marriage; but no other
correction or alteration shall be made in any
certificate except that any registrar, when authorised
by the Minister responsible for the interior may correct
any clerical error in any certificate of marriage filed
in his office, upon production to him of the certificate
delivered to the parties, and shall authenticate every
such correction by his signature or by marking the same
with his initials and the date of such correction.[As
substituted by the Marriage (Amendment) Ordinance, 1956
(No. 26 of 1956), s.11]
Section 41—Evidence of
Marriage.
Every certificate of
marriage which shall have been filed in the office of
the registrar of any district, or a copy thereof
purporting to be signed and certified as a true copy by
the registrar of such district for the time being, and
every entry in a marriage register book or copy thereof
certified as aforesaid and every copy of an extract of
the records of the Principal Registrar relating to such
marriage and certified by the Principal Registrar to be
a true copy of such extract shall be admissible as
evidence of the marriage to which it relates in any
Court of Justice or before any person now or hereafter
having by law or consent of parties authority to hear,
receive, and examine evidence. (Amended by 34 of 1950,
s.6.)
PART 5—INVALID
MARRIAGES
Section 42—Marriage
with Deceased Wife's Sister or Niece Lawful.
A marriage may be
lawfully celebrated under this Ordinance between a man
and the sister or niece of his deceased wife, but save
as aforesaid, no marriage in the Gold Coast shall be
valid, which if celebrated in England, would be null and
void on the ground of kindred or affinity, or where
either of the parties thereto at the time of the
celebration of such marriage is married by native law or
custom to any person other than the person with whom
such marriage is had.
Invalid Marriages.
A marriage shall be
null and void if both parties knowingly and wilfully
acquiesce in its celebration in any place other than the
office of a registrar of marriages, or a licensed place
of worship (except where authorised by the Principal
Registrar's licence), or under a false name or names, or
without the registrar's certificate of notice, or the
marriage officers' certificates, or one such certificate
when sufficient, or licence duly issued, or by a person
not being recognised minister of some religious
denomination or body, or a registrar of marriages.[As
amended by the Marriage (Amendment) Ordinance, 1956 (No.
26 of 1956), s.7]
Saving in Favour of
Validity.
But no marriage shall
after celebration be deemed invalid by reason that any
provision of this Ordinance other than the foregoing has
not been complied with. (Amended by 2 of 1909, s.13.)
Section 43—Marriages
Under Ordinance Valid.
All marriages
celebrated under this Ordinance shall be good and valid
in law to all intents and purposes.
Section 44—Native
Marriages, Effect of Ordinance as to.
Any person who is
married under this Ordinance, or whose marriage before
the commencement of this Ordinance is declared by this
Ordinance to be valid, shall be incapable during the
continuance of such marriage of contracting a valid
marriage under any native law or custom, but save as
aforesaid, nothing in this Ordinance contained shall
affect the validity of any marriage contracted under or
in accordance with any native law or custom or in any
manner apply to marriages so contracted.
PART 6—MARRIAGES
ALREADY CELEBRATED
Section 45—Certain
Existing Marriages Validated.
Every marriage
celebrated in the Gold Coast before the commencement of
this Ordinance by any minister of any religious
denomination or body, according to the rites in use by
such religious denomination or body shall be, and shall
be deemed to have been from the time of the celebration
thereof, a legal and valid marriage: Provided that
nothing herein contained shall legalise any marriage
which has before the commencement of this Ordinance been
declared invalid by any competent Court, nor any
marriage, either party to which had at the time of its
celebration a lawful wife or husband living, nor any
marriage which was void by reason of kindred or affinity
or fraud or incapacity to contract marriage, nor any
marriage otherwise invalid, either party to which shall
before the commencement of this Ordinance and in the
lifetime of the other party thereto have intermarried
with any other person. (Amended by 30 of 1935, s.2.)
Section 46—Existing
Registers of Marriages to be Transmitted to Principal
Registrar.
Every minister of
religion or other person in the Gold Coast who has in
his custody or control any register, record, or paper
purporting to be such of marriages heretofore celebrated
in the Gold Coast, shall within six months after this
Ordinance takes effect, deliver or transmit to the
Principal Registrar the said register or official record
or a copy thereof, omitting if desired any matter of a
private nature, with a certificate appended thereto in
the following form—
I. A.B., of [here
describe place of abode and position] do certify that
the annexed written pages contain the true record
(excepting matters of a confidential nature) of the
marriages heretofore celebrated in [here name church].
Dated
the day of ,
19 .
(Signed) A.B.
Any register, record,
paper, or copy thereof, delivered or transmitted to the
Principal Registrar under the provisions of this
section, or a copy thereof certified to be correct under
the hand of the said Registrar, shall be admissible in
evidence. (Amended by 2 of 1909, s. 14, and 30 of 1935,
s.2.)
Section 47—Certain
Expenses to be Defrayed from General Revenue.
The Minister
responsible for the Interior may defray out of the
general revenue of the Gold Coast all proper expenses
connected with the transmission or delivery of the said
registers or which may otherwise become necessary to be
incurred in carrying out the provisions of this
Ordinance. (Amended by 30 of 1935, s.2.)[As amended by
the Marriage (Amendment) Ordinance, 1956 (No. 26 of
1956), s.2]
PART 7—SUCCESSION TO
INTESTATE'S PROPERTY
Section 48—Effect of
Marriage in Case of Natives.
[Repealed by the
Intestate Succession Law, 1985 (PNDCL 111),s.19(a)].
Section 49—Legitimation
of Children Born Before Marriage.
(1) Any child born
before the intermarriage of his parents under this
Ordinance and not procreated in adultery shall on such
intermarriage be deemed the lawful issue of a marriage
under this Ordinance, and shall be entitled to the same
rights and privileges and his property shall in case of
his intestacy be subject ot the same incidents as though
his parents had been at the date of his birth married
under this Ordinance.
(2) Adultery shall not
be held to include the intercourse of a man married by
native customary law with an unmarried woman.
(3) This section shall
apply to all children both of whose parents were living
on the 15th day of February, 1909. (Added by 2 of 1909,
s.16.)
PART 8—FEES
Section 50—Fees.
The fees specified in
Schedule 2 shall be paid to the registrars for the
several matters to which they are applicable, and shall
be paid by them into the Accountant-General's
Department.
Section 51—Fees may be
Remitted on Ground of Poverty.
The Minister
responsible for the interior may, when he is satisfied
of the poverty of the parties, reduce the amount of the
said fees, or remit them altogether; and if they have
been paid into the Accountant-General's Department,
order their refund.[As amended by the Marriage
(Amendment) Ordinance, 1956 (No. 26 of 1956), s.2]
Section 52—Ministers
may Receive Customary Fees.
This Ordinance shall
not preclude a minister from receiving the fees
ordinarily paid to a minister of his denomination for
the celebration of marriage.
PART 9—FORMS
Section 53—Forms.
The forms contained in
Schedule 1 may be used in the case to which they are
applicable with such alterations as may be necessary.
Section 53A—Repeals.
The following
Enactments are hreby repealed:
(1) The Marriage
Ordinance (Amendment) Law, 1985 (PNDCL 115). [Repealed
by the Marriage Ordinance (Amendment) Law, 1997 (PNDCL
115), s.2].
(2) The Marriage
Ordinance (Amendment) Act, 1997 (Act 533). [Repealed by
the Marriage Ordinance (Amendment) Act, 2001 (Act 606),
s.2].
SCHEDULES
SCHEDULE 1
Forms
FORM A
(Section 14)
REGISTRAR'S
CERTIFICATE.
Registrar's
Certificate.
I,
........................... registrar of marriages in
the ..............................................
district in the Gold Coast, do hereby certify that on
the ..................................................
day of ............................................ ,
notice was duly entered in the Marriage Notice Book of
this district, of the marriage intended between the
parties herein named and described, such notice being
delivered under the hand of one of the parties, that is
to say—
Name.
Condition. Occupation, rank or profession.
Age. Consent. Dwelling. Length of
residence.
A. B.
C.D. Bachelor
Spinster
Boatman
(as case may be.)
Trader (as case may
be). 19
(as case may be).
16 (as case may be).
E.F., the father (as case may be)
G.H., the mother (as
case may be). James Town, Accra (as case may
be).
Date of notice
entered , 19 .
Date of certificate
given , 19 .
No caveat has been
entered against the issue of this certificate, or
A caveat was entered
against the issue of this certificate on the day
of , 19 , but was removed on the day
of 19 , by the Judge of the Divisional
Court
at
Witness my hand
this
, 19 .
A.B., Registrar of
Marriages,
District.
NOTE.— This certificate
will be void unless the marriage is solemnised on or
before the day
of , 19 .
(A.B.)
(Amended by 2 of 1909,
s.17.)
FORM B
(Section 23)
SPECIAL LICENCE.
Special Licence.
WHEREAS A.B. and C.D.
desire to intermarry, and sufficient cause has been
shown to me why the preliminaries required by the
Marriage Ordinance should be dispensed with:
NOW, THEREFORE in
pursuance of the said Ordinance, I do dispense with the
giving of notice and the issue of the certificate
thereby prescribed, and do hereby authorise any register
of marriages, or recognised minister of some religious
denomination or body, to celebrate marriage between the
said A.B. and C.D., at (place of celebration), between
the hours of eight o'clock in the forenoon and six
o'clock in the afternoon, and within days from the
date hereof.
Given under my hand
this day
of , 19 .
(Signed) ,
Governor.
FORM C.
(Sections 33 and 37.)
(Amended by 30 of 1935,
s.2.)
BOOK OF MARRIAGE
CERTIFICATES.
Book of Marriage
Certificates.
Gold Coast.
Marriage Ordinance.
, 19 .
Marriage celebrated in the
at in the Gold Coast.
CERTIFICATE OF MARRIAGE.
No.
Date.
, 19 No. When
married. Names and surnames. Full age
or minor Condition. Rank or profession
Residence at time of marriage. Father’s name and
Surname Occupation, rank, or profession of
father.
Name of Husband
...................
Name of Wife
..............
Witnesses
..............
..............
..............
Married
at by (or before)
me A.B.,
Minister (or Registrar)
as the case may be.
This marriage }
A.B. {In the } E.F.
was celebrated
} {presence}
between us }
C.D. {of us } G.H.
Witnesses.
FORM D
(Section 39)
MARRIAGE REGISTER BOOK
When married
Names and surnames Whether full age or
minor
Condition
Occupation
Residence Father's
name and occupation Place of worship or
Registrar's Office Minister or Registrar
Entered
this day of
19 , at the district registry of marriages
at
(Signed) A.B.
Registrar.
(Form D substituted by
34 of 1950, s.9.)
FORM E
(Section 16)
NOTICE FOR BANNS
(By one party only)
Notice for Banns (by
One Party)
To Minister
of Church (or Chapel) at
in the district of and a Marriage Officer
for such district. I being a member of the
congregation of the (insert name of religious
denomination) Church (or Chapel) at give you
notice that a marriage is intended between me and the
other party herein named and described and that I desire
you to publish or cause to be published the banns of
such marriage in the said Church (or Chapel) on the
first three Sundays on which a service shall be held.
Name. Condition.
Calling. Age. Dwelling place.
Consent, if any, by whom.
A. B.
C. D.
Bachelor
(or widower) or married to C.D. by native customary law.
Spinster (or widow) or
married to A.B. by native customary law.
Trader
None 24
19 Otu Street,
Accra
Christiansborg
E. D. (father).
And I give this notice
with the assent of the other party herein named and
described.
And I solemnly declare
that I believe there is no impediment of kindred or
alliance or other lawful hindrance to the said marriage.
Witness may hand
this day
of , 19 .
Signature
(Added by 2 of 1909,
Schedule.)
FORM F
(Section 16)
NOTICE FOR BANNS
Notice for Banns (by
Both Parties).
(Where parties of same
congregation give single notice.)
To
Minister
of Church (or Chapel)
at in the district of
and a Marriage Officer for such district.
We and
of solemnly declare that each of us
has for fifteen days previously to the giving of this
notice resided at aforesaid and
is a member of the congregation of the (insert
name of religious denomination Church (or Chapel)
at and we hereby give you notice
that a marriage is intended between us and that we
desire you to publish or cause to be published the banns
of such marriage in the said Church (or Chapel) on the
first three Sundays on which a service shall be held.
Name. Condition.
Calling. Age. Dwelling place.
Consent, if any, by whom.
E.F.
G. H. Bachelor (or
widower) or married to G. H. by native customary law.
Spinster (or widow) or
married to E.F. by native customary law.
Farmer
None 28
19 Aburi
Aburi
J. H. (father)
And we solemnly declare
that we believe there is no impediment of kindred or
alliance or other lawful hindrance to the said marriage.
Witness our hands
this day of
, 19 .
Signature
(Added by 2 of 1909,
Schedule.)
FORM G
(Section 17)
AUTHORITY TO PUBLISH
BANNS OF MARRIAGE
Authority to Publish
Banns
To
of
I hereby authorise and
request you to publish the banns of marriage between the
within-named and in the (insert name of
religious denomination) Church (or
Chapel) at on the first three
Sundays on which a service shall be held.
Dated at
this day of , 19
. Marriage Officer.
FORM H
(Section 19)
(Added by 2 of 1909,
Schedule)
ENDORSEMENT OF
PUBLICATION OF BANNS.
Endorsement Publication
of Banns.
I the below-named
hereby certify that I did duly publish the banns of
marriage between the within-named and on three
Sundays, viz.:-
For the first time on
the , 19 ,
For the second time on
the , 19 ,
For the third time on
the , 19 ,
Dated
at this day
of , 19
(Signature of Marriage
Officer or person authorised to publish banns.)
FORM I.
(Section 21.)
(Added by 2 of 1909,
Schedule.)
MARRIAGE OFFICER'S
CERTIFICATE.
Marriage Officer's
Certificate (where notice given by one Party).
(Where notice given by
one party only.)
I Minister
of in the district
of and a Marriage Officer for
the said district hereby certify that on
the day of ,
19 , notice was duly given of the
intended marriage by banns between the parties herein
named and described, such notice being delivered under
the hand of one of the parites,
that is to say—
Name. Condition.
Calling. Age. Dwelling place.
Consent, if any, by whom.
A. B.
C. D. Bachelor (or
widower) or married to C.D. by native customary law.
Spinster (or widow) or
married to A.B. by native customary law.
Trader
None 24
19
Otu Street,
Accra.
Christiansborg.
E.D. (father).
And I further certify
that the banns of marriage have been duly published in
the (insert name of religious
denomination Church (or Chapel) at on
three Sundays, viz. (insert
dates) and that no caveat has been entered against the
issue of this certificate; or
a caveat was entered
against the issue of this certificate on
the day of , 19 ,
but was removed on the day
of , 19 , by the Judge of
the Divisional Court at .
Witness my hand
this day of , 19 .
Marriage Officer.
FORM J.
(Section 21.)
(Added by 2 of 1909,
Schedule.)
MARRIAGE OFFICER'S
CERTIFICATE.
Marriage Officer's
Certificate (Where Joint Notice Given.)
(Where joint notice
given by both parites.)
I Minister
of Church (or Chapel) in the
district of and a Marriage Officer for
the said district, hereby certify that on the day
of , 19 , notice was duly
given by the parites herein named and described of their
intended marriage by banns, such parties having solemnly
declared that each of them had for fifteen days
previously to the giving of the said notice resided at (Aburi)
and was a member of the congregation of
the (here insert name of religious
denomination) church (or Chapel) at (Aburi).
Name. Condition.
Calling. Age. Dwelling place.
Consent , if any by whom given.
E. F.
G H. Bachelor (or
widower) or married to G.H. by native customary law.
Spinster (or widow) or
married to E. F. by native customary law.
Trader.
None 28
19 Aburi
Aburi
J. H. (father).
And I further certify
that the banns of marriage have been duly published in
the Church (or Chapel) at (Aburi)
aforesaid on three Sundays,
viz. (insert dates) and
that no caveat has been entered against the issue of
this certificate;
or
a caveat was entered
against the issue of this certificate on
the day of , 19
, but was removed on the day of
, 19 , by the Judge of the Divisional Court
at .
Witness my hand
this day of , 19 .
Marriage Officer
SCHEDULE 2
(Sections 39 and 50.)
FEES
Filing every notice of
marriage .. .. .. ..
.. .. ¢50,000.00
On issue of each
certificate or certified copy of it .. ..
.. ¢50,000.00
Certifying an
extract .. .. .. ..
.. .. .. ¢50,000.00
Special Licence with
marriage ceremony .. ..
.. .. ¢500,000.00
Special Licence without
marriage ceremony .. .. ..
.. ¢400.000.00
Marriage
ceremony .. .. ..
.. .. .. ..
¢50,000.00
[As substituted by the
Marriage Ordinance (Amendment) Act, 2001 (Act 606), s.1]
FOOTNOTES
*Repealed by No. 30 of
1935, s. 4.
+Repealed by No. 30 of
1935, s. 5.
As amended by
MARRIAGE (AMENDMENT)
ORDINANCE, 1954 (CAP 127A).2
MARRIAGE (AMENDMENT)
ORDINANCE, 1956 (NO. 26 OF 1956).3
LOCAL GOVERNMENT ACT,
1971 (ACT 359)4
INTESTATE SUCCESSION
LAW, 1985 (PNDCL 111).5
LOCAL GOVERNMENT ACT,
1993 (ACT 462).
THE CHILDREN'S ACT,
1998 (ACT 560).
THE MARRIAGE ORDINANCE
(AMENDMENT) ACT, 2001 (ACT 606).6
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