A legal practitioner has clarified that couples who marry under customary (traditional) law are legally permitted to use the titles “Mr.” and “Mrs.” after their marriage ceremony.

According to him, there is a common misconception that only those married under an ordinance (civil) law are entitled to use such titles.

He emphasized that nothing in Ghanaian law bars spouses in customary marriages from adopting these formal titles or surnames, especially once proper name change procedures have been followed by way of swearing affidavit and gazette notification.

“There is a misconception that once you contract a customary marriage, you cannot use the title ‘Mr.’ or ‘Mrs.’ That is false,” he explained in an interview with Graphic Online.

“There is no legal provision barring a couple from using these titles. Once the wife’s maiden name is exchanged with the husband’s surname through affidavit and same is gazetted, she can officially adopt her husband’s surname and be addressed as ‘Mrs.”

Mr. Asante further explained that customary marriage is recognized under Ghanaian law as potentially polygamous, meaning that a man may marry more than one wife—but only under certain conditions.

“Customary marriage is potentially polygamous. This means a man can marry more than one wife under this form of marriage,” he said.

“However, this is not automatic. It is not simply a matter of deciding to marry three or four wives. The man must also demonstrate that he is capable of managing and living harmoniously with all the wives.”

Touching on legal documentation, Mr. Asante emphasized that customary marriages can be registered with the Registrar of Marriages—just like ordinance marriages—under PNDCL 112, as amended by PNDCL 263, 1991 known as the Customary Marriage and Divorce (Registration) Law.

“Under this law, once you contract a valid customary marriage, you can apply to register it at the Registrar of Marriages. When registered, a certificate called the Customary Marriage Certificate is issued,” he explained.

“However, registration is not mandatory for the marriage to be valid. Whether registered or not, a properly conducted customary marriage is still legally recognized in Ghana.