Customary Marriages Can Be Dissolved in Court — Lawyer Debunks Common Misconceptions

A respected legal practitioner, Victor Owusu Asante, has clarified a widespread misunderstanding among Ghanaians concerning the legal recognition and enforceability of customary marriages, also commonly referred to as traditional marriages.

Speaking to media on the topic, Mr. Owusu Asante emphasized that customary marriages are fully recognized under Ghanaian law and that parties in such unions are legally entitled to seek divorce, property settlement, and maintenance through the courts—just like in civil (ordinance) marriages.
Mr. Asante explained that this provision allows even parties in polygamous marriages (which are typically conducted under customary law) to formally petition the court for divorce. Contrary to popular belief, registration of the marriage is not required to seek legal redress, so long as the union was valid under the applicable customary practices.
Clarifying Engagement vs. Customary Marriage

Mr. Owusu Asante also took the opportunity to debunk another common misunderstanding: the conflation of “engagement” with legal marriage. He stressed that “engagement” is not a recognized legal term under Ghanaian family law.
Implications for Couples in Ghana

This legal insight carries important implications for couples in customary marriages, especially those unaware of their rights. Many such individuals may avoid the courts due to the false belief that their marriages are not legally enforceable. Mr. Asante's remarks underscore the need for greater public education on the legal equivalency between customary and ordinance marriages, particularly when it comes to divorce and property rights.

Conclusion

With these clarifications, Ghanaians in customary marriages are urged to understand that their unions carry legal weight and protection. When disputes arise—especially involving maintenance, custody, or property sharing—the courts remain a legitimate and accessible avenue for justice, regardless of whether the marriage was formalized under the ordinance or not.