Dear Law: My boyfriend is divorcing his wife, but he wants to marry me the traditional way. I love him, but is it right?

Dear Law,

I know some people will insult me but I don’t care, I love him. I’ve been with this man for almost four years now. He’s older than me a lot, but he’s very caring, and helps me a lot. He says his marriage is dead, that he and his wife only live together because of the children.

He started the divorce process about one year ago. He’s been telling me they will finish soon, but the case is still in ongoing. This is the only thing that bothers me. I am tired of hiding, I want to be real wife. Recently, he said he can bring the traditional drinks to my family so we do a small marriage “for now” until the divorce is final. He says it’s not against the law because it’s just customary, not white wedding.

Honestly, I always wanted a wedding, but I just want to be his wife so I don’t mind. My main issue is that my friend told me, a traditional marriage will not be valid. I don’t really understand. I want to know can I be a second wife with the traditional marriage or not.

– Anonymous, Accra

Bigamous or Polygamous: How Many Spouses Can a Person Marry in Ghana?

Dear Anonymous,

In Ghana, the number of spouses a person can legally marry depends on the type of marriage they first enter into. Ghana recognises three main systems of marriage: Customary, Islamic, and Ordinance (civil or church). Each one comes with its own rules. Bigamy or Polygamy How many Spouses can a person marry in Ghana.

Under Customary marriage, a man may marry more than one woman. Each union must follow proper family and customary procedures. That’s what we usually call polygamy. However, once a man chooses to marry under the Marriage Ordinance, everything changes. Ordinance marriage is strictly monogamous. It’s “one man, one woman,” just like the marriage vows say.

If a man marries under the Ordinance, the law prohibits him from marrying another woman in any form. The law declares any second marriage in such circumstances void. Section 262 of the Criminal Offences Act, 1960 (Act 29) treats this act as bigamy. Anyone who knowingly takes part in the bigamous marriage also commits a criminal offence and may be charged and convicted.

In simple terms:

Bigamy simply means marrying another person while still legally married to someone else. It’s not just “morally wrong”, it’s a criminal offence that can lead to imprisonment. Even if the second ceremony is “traditional” or “private,” the law still sees it as illegal once there’s an existing Ordinance marriage.

• If he married under customary law → he may add more wives under Customary Law (lawfully).
• If he married under ordinance → he cannot marry anyone else until that marriage is dissolved by a court.

In your case, he remains legally married until the court grants the final divorce decree absolute, even if the divorce is still in process. Any attempt to marry you now, traditional or otherwise, would amount to bigamy. Bigamy or Polygamy How many Spouses can a person marry in Ghana.

You can learn more about Divorce in Ghana here.

Case Study: How a Ghanaian Man Ended Up in Jail for Bigamy

“Businessman jailed 12 months for bigamy”

GBN  | GHWeb | GHTimes

In May 2023, the Accra Circuit Court sentenced a businessman to 12 months in prison for bigamy under section 263(1) of the Criminal Offences Act, 1960 (Act 29). He had first married under the Marriage Ordinance with certificate number SMC/028/09, dated 4 October 2008, and later contracted another Ordinance marriage in Ghana, obtaining certificate LMKMA/MC/2015/18.

According to the prosecution, the story began when a nurse, living abroad, received a call from her land caretaker in Ghana about a road project threatening her property. The caretaker gave her five contact numbers for people who could help, and one of them was the man. The two began talking, one thing led to another, and romance bloomed across continents.

How He was Caught

The prosecution said the man told the nurse he had six children with two other women but was not married to any of them. She believed him and agreed to marry when she next came to Ghana. The wedding was duly registered, but the honeymoon didn’t last. She soon discovered that the man was legally married all along.

From there, things spiralled. Reports say the first wife confronted and allegedly assaulted the new bride “for taking her husband.” Then in 2019, a WhatsApp message allegedly sent from the man’s son warned her: “We shall see, but this time this is going to be a tribal war, I swear.”

When the matter finally reached court, the evidence was straightforward, the first marriage was still valid and undissolved. The prosecution proved that Narh knew this when he entered the second marriage. The judge found him guilty of bigamy and sentenced him to one year’s imprisonment for bigamy.

Why This Case Matters

This case clearly shows that Ghana’s law on bigamy applies firmly, even when someone calls the second marriage “traditional” or marries a partner abroad. It makes clear that once you marry under the Ordinance, you cannot lawfully marry anyone else until the first marriage is legally dissolved.

It’s also a reminder that bigamy isn’t just a legal offence, it often comes with real emotional and social consequences, betrayal, broken trust, and sometimes violence. For anyone “waiting” for a partner to finalize a divorce before marrying them traditionally, this case offers a clear warning, don’t proceed until the divorce is legally complete. Bigamy or Polygamy How many Spouses can a person marry in Ghana.