Cap 127 Part 3 of Marriages Act, strictly monogamous whereas customary is potentially polygamous-i.e. subsequent marriage under ordinance should be to same woman else bigamy and strict formal statutory requirements should be complied mere intentions won’t suffice per Appiah (Decd) Yeboah v Appiah, Wiredu J though officiating marriage minister since formal requirements not followed merely church blessing not conversion from customary to ordinance, before 1884 only customary law recognized, Appomasu v Bremawuo-supra.
Requirements: divided into 2,
Substantive-no affinity or consanguinity per S 74(1) marriage with sister or niece of deceased wife valid but not valid where if celebrated in England will be void for affinity or already married under customary- per Genfii v Genfii presumption of continuance of customary with another so strong that in absence of any rebutting evidence ordinance was void- capacity of parties to marry 21 years else written consent of parent or guardian or HC judge or AG per S 59-must understand nature of the contract and freely enter into it.
Procedural-under the authority of either,
Registrar’s Certificate-S 43 one party shall sign and give registrar of district notice of intended marriage to be held within 3 months, shall contain particulars, if illiterate be attested to, S 45 registrar shall cause same be registered in marriage notice book and publish on notice board until certificate granted after lapse of 3 months or 21 days’ expiration after notice upon satisfaction on affidavit on substantive requirements (one resident in district at least 15 days, each 21 years, no impediment as affinity, no existing marriage) compliance per S 46. If marriage doesn’t take place after 6 months of notice all proceedings consequent are void per S 47. After issue of certificate, parties may contract marriage before any registrar in his office between 8am and 4pm any weekday not public holiday.
Marriage Officer’s Certificate-s 48 church ministers appointed by registrar, each party shall 4 days at least before 1st publication of banns deliver to officer for district written notice containing particulars, publishing banns is announcement of parties’ intention to marry and persons to caveat. Officer publish banns at town or village in place of worship each or if jointly at their church per S 49. Where no caveat or is removed shall within 3 months after last publication grant marriage officer’s certificate per 53, if not solemnized within the three months all proceedings thereon are void per S 54. Celebration shall be at licensed place or as directed by license in open doors between 8am and 6pm in presence of 2 or more witnesses beside officiating minister S 62, officiating minister shall not commence until parties deliver to him registrar certificate, or 2 marriage officer’s certificate each or 1 for both or registrar license S 63. After celebration minister shall make entries in duplicate in marriage certificate of particulars and signed by himself and 2 or more witnesses, and deliver 1 certificate to parties within 7 days and one to registrar of marriages in district who registers same.
Principal Registrar’s Special License-S 55 applied for where couple seeks to do away with giving notice or publication of banns, Principal upon proof by affidavit of no impediment, obtained consent may dispense with giving notice and with issue of registrar’s certificate and may grant his license, which authorizes celebration of marriage at named place whether designated or not.
Objection S 56 caveat against registrar’s certificate-before issue certificate write ‘forbidden’ opposite entry in marriage notice book, name, place and grounds or marriage officer’s certificate-written notice with name, place and grounds. S 57 no registrar or marriage officer certificate shall be issued until caveat is removed.
S 35-40 of MCA appointment of gazette ministers and places of registration of ordinance marriages. Interior minister by EI appoint registrar for each district to be marriage officer per S 36, takes effect on publication in Gazette per S 38. Registrar-General is the principal registrar of marriages. S 40 DCE may license a place of public worship within district for celebration of marriages.
Every marriage certificate of any registrar of district signed shall be admissible as evidence of marriage. A marriage is void if doesn’t comply with provisions, per S 74(2) marriage void if willful acquiescence in its celebration, place other than office of registrar or licensed place of worship except one designated by Principal’s license, false names, without any of the 3 certificates, by person not a recognized officiating minister or registrar of marriages, banns not published accordingly, caveat not removed, not celebrated within 3 months after notice to registrar, under expired license
S 75 marriages celebrated in accordance with Act is good and valid in law to all intents and purposes.