Performing Both Customary and Ordinance Marriages Is a Waste of Time and Resources; Each Is Legally Valid – Lawyer Francis Opoku Backs High Court Judge
Lawyer Francis Opoku explains that customary and ordinance marriages are each legally valid, making dual ceremonies unnecessary
- Lawyer Francis Opoku backs High Court Judge Dorinda Smith-Arthur, saying performing both customary and ordinance marriages is unnecessary
- Each type of marriage is independently valid under Ghanaian law, with customary allowing polygamy and ordinance enforcing monogamy
- Opoku highlighted legal issues such as bigamy and explained that children born in informal or customary unions still have full inheritance rights
Following remarks by High Court Judge Dorinda Smith-Arthur, who criticized the practice of conducting both customary and ordinance marriages as unnecessary and a waste of time and resources, lawyer Francis Opoku has weighed in.
Lawyer Francis Opoku highlighted the legal distinctions between the two marriage types.
According to Lawyer Opoku, customary marriages and ordinance marriages have distinct characteristics. “Customary marriages allow polygamy, reflecting traditional practices, while ordinance marriages are strictly monogamous, in line with statutory and church doctrines.”
He made the comments during an appearance on the Ghana Se Sen Morning Show with Kwame Tanko on Lawson TV, where he emphasized that performing both types of marriages is unnecessary and a waste of resources.
Lawyer Opoku added that the church’s monogamous teachings often conflict with the traditional practice of polygamy.
Under Ghanaian law, a person can be arrested for bigamy if they enter an ordinance marriage while still legally married. However, he clarified that casual courtship or having children outside marriage is not treated the same under the law. “Children born in or out of wedlock have full rights to their father’s property, even if the spouse is not legally recognized,” Opoku explained.
Lawyer Opoku also discussed informal marriages, which occur when a man and woman live together for several years, with the knowledge of family and relatives, performing the customary duties expected in such unions.
He concluded by stressing that each type of marriage—customary or ordinance—is independently valid and legally recognized.
“There is no need to perform both ceremonies; one suffices under the law,” Lawyer Opoku said.
