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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.
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.
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 193
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).
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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