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Marriage Ordinance in Ghana: Legal Implications

Marriage ordinance in Ghana

The institution of marriage is a complex one. To address its legal complexities, lawyer Emmanuel Osei Adu joined host Theresa Flora on the Beulah Hour show for a discussion on the legal implications of marriage.

Lawyer Emmanuel explained that a breach of the promise to marry can lead to legal action. He emphasized that while a court cannot force anyone to marry if someone promises to marry you and then breaks that promise without just cause, you can take them to court.

He, however, explained that it is not every relationship that can give cause to this action. For example, if a couple acts as though they are married and one party later decides not to marry, there is a cause of action. He noted, “Sometimes you don’t even have to wait, we call it an anticipatory breach of promise to marry. The person promised to marry you in March, and in February he married someone else under the ordinance. You can take an action against the person”. 

He also mentioned the “non-performance” breach of a marriage contract, which occurs when the time comes for the marriage but one party decides not to proceed for various reasons which is no fault of yours.

In Ghana, a non-performance breach of a marriage contract typically refers to a situation where one party fails to fulfil their obligations as stipulated in the marriage contract, such as not intending to fulfil promises made.

Highlighting prenuptial agreements as well, he shared his insights on how this agreement is enforceable. 

Beulah Hour airs every Sunday from 7 pm to 8 pm. Join in the discussion about the most prominent issues in domestic, professional, and religious life.