HOW CAN A CUSTOMARY LAW MARRIAGE COME TO AN END

In today’s Friday read, we will continue the discussion om customary law marriages in Ghana.
There are two main ways to end a customary law marriage in Ghana.
The first way is to end it under customary law. This involves the families of the man and woman meeting to resolve any differences and encourage reconciliation. If the meeting is unsuccessful and both parties still want to end the marriage, then they shall be asked to account for and return items or money borrowed during the marriage.
Additionally, the dowry shall be returned to the man’s family by the woman’s family, depending on the reason for the divorce. However, where there is improper behavior of the man such as physical violence towards the woman and drug abuse of the man, the woman’s family will not be required to return the dowry to the man’s family.
Moreover, any drinks given to the woman’s family by the man’s family shall also be returned to the man’s family. In some tribes, the man may perform a ceremony where he powders or chalks the woman before handing her over to her family. Once all these acts are performed, the marriage comes to an end under customary law.
The second way to end a customary law marriage in Ghana is by filing a petition under the Matrimonial Causes Act, 1971 (“Act 367”). This can be done when one party unreasonably refuses to end the customary law marriage.
If a customary law marriage is registered, then the customary law divorce must also be registered with the Registrar of Marriages in the district where the marriage took place. It is up to the man and woman who have married under customary law to decide how to end the marriage. However, ending it under Act 367 can bring them more benefits because the court shall consider all aspects of the marriage and take natural justice and equity into consideration before granting the dissolution of the customary law marriage.
In conclusion, ending a customary law marriage in Ghana can be done either under customary law or under Act 367. Both ways have their advantages and disadvantages, but it is up to the parties involved to decide which way to go based on their unique situation.