Conversion of Marriage Flashcards
What is Conversion?
Conversion is the process by which a polygamous marriage is changed to a monogamous marriage. It occurs where a customary law marriage or Mohammedan marriage is validly changed to a marriage under the Ordinance. Conversion can be accomplished in several ways, including through legislation, and change of domicile (Ali v. Ali).and change of religion
What is the procedure for conversion through legislation?
In Ghana, Conversion is through legislation and is governed by Part 3 of Marriages Act 1884-1984 (CAP 127).
In order to successfully convert a polygamous marriage to a monogamous marriage through legislation the parties must comply with the mandatory procedural provisions of Part 3 of CAP 127.
In other words, the procedure for conversion via legislation is the same as procedure for creating a valid monogamous marriage under Part 3 of Marriages Act.
What happens when you do not comply with the provisions of the act?
Failure to comply with the mandatory provisions of the Act relating to procedure will vitiate the attempt at conversion and the parties will, for all intents and purposes, continue to be in a polygamous marriage.
This was the case in in Re Appiah (ceremony was not a conversion but a blessing) and Setse v. Setse. Where the attempt at conversion was failed and the customary law marriage continued to subsist.
Mandatory Substantive Requirements
Mandatory Substantive Requirements include, but are not limited to that: the parties must have capacity, marriage must not be prohibited on the grounds of consanguinity, and it must be between a biological male and biological female.
Mandatory Procedural requirements
Mandatory Procedural Requirements include: Publication of Banns, must be celebrated by minister (aka marriage officer) or marriage registrar, must be celebrated in a licenced place of worship or the office of a marriage registrar unless a special licence has been obtained to celebrate it elsewhere.
Marriage celebrated at the Office of the registrar
- One of the parties-couple 2must make application to the Registrar of marriages for a certificate to marry at the office. The application also serves as a notice
- The Registrar will publish the notice in the Marriage Notice book and will fix the notice to the door of the registrar office or notice board until he grants the certificate or until 3 months have expired
- The registrar will issue the certificate after 21 days but before 3 months starting from the date of the application/notice
- The certificate will be based on parties affidavit, that they have satisfied the substantive requirements under CAP 127 to get married. The affidavit may be sworn to by one of the parties before the registrar/magistrate
Marriage celebrated a licensed place of worship
- Where parties want to get married in church, they both each make an application to the marriage officer in their district. The application also serves as a notice
- They have to make the application 4 days prior to the date of the first publication of banns.
- The publication of banns is the intention of the parties in the notice to marry.
- The officer will personally publish the banns in the place of worship of the parties
- The banns are to be pushed for 3 consecutive sundays.
- If no caveat is raised or has been raised but removed, the marriage officer will grant the certificate within 3 months of the date of the last publication
- If both people reside in same district for 15 days and belong to same church, then a single notice may be given and one certificate may be issued. If they don’t belong to the same church, banns will be published in both places
Marriage celebrated with a special license
- Where the couple wants to do away with giving notice of marriage between them or publication of banns, they can apply for special license from principal registrar
- A special license can also be used where the parties want to celebrate their marriage in a place other than a place of worship or registrar office
- Principal registrar must be satisfied by affidavit that there no lawful married to the proposed marriage and can grant special license authorizing the celebration by the named parties
Is a blessing the same as conversion?
No. A blessing of a marriage is not the same as conversion. A blessing occurs when parties to a polygamous marriage go through a marriage ceremony in church and receive blessings from the priest. No certificates are required, banns need not be published etc.
Graham v Graham
In Graham v Graham, the court held that the ceremony in church complied with all the requirements of CAP 127 and therefore the customary marriage was effectively converted to a monogamous marriage.
Where conversion is successful however, the polygamous marriage falls away as was provided for in Graham v. Graham (with regard to customary law marriage). A successful conversion dissolves the clm.
Mandatory Registration Requirements - Substantive
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S: Substantive C: Capacity B: Biological M or F V: Voluntary C: Consanguinity M: Married (none of the parties should be married)
Mandatory Registration Requirements - Procedural
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P: Procedural B: Banns F: False Names N: Notes E: Expired License C: Celebrated by Minister of Marriage Registrar C: Celebrated at a Marriage Officer’s Certificate or a Marriage Registrar\s certificate C: Caveat
