Proxy or Ghanaian Customary Marriage valid in UK

In recent times, the Home Office has been refusing applications from persons of Ghanaian origin who, in their absence, have entered into customary marriages in Ghana and have applied for leave to remain as spouses under Appendix FM of the Immigration Rules. We have noticed that the reasons given by the Home Office to reject such marriages under paragraph E-LTRP.1.8.: “If the applicant and partner are married or in a civil partnership, it must be a valid marriage or civil partnership, as specified,” are without foundation. It is not unusual to find Home Office decision‑making referencing a non‑existent Ghanaian law, which allegedly prescribes that a Ghanaian customary marriage can be recognised as valid only if one or both parties were present, unless prevented by sickness or some other reasonable reason. From the outset, it must be stated that no law in Ghana requires a person contracting a customary marriage through their family to be physically present.

In Proxy Marriage – Cudjoe (Proxy marriages: burden of proof) [2016] UKUT 180, https://tribunalsdecisions.service.gov.uk/utiac/2016-ukut-180 the Upper Tribunal provided guidance on the validity and recognition of proxy marriages. A proxy marriage is a marriage in which one or both parties are absent and are represented by another individual, often a family member.
A customary marriage in Ghana is valid if it is contracted in accordance with the parties’ applicable customary law. The law recognises customary marriages as lawful and binding, provided the essential conditions under the relevant customs are satisfied.

Under the Customary Marriage and Divorce Registration Law, 1985 (PNDCL 112), incorporated into the Marriage Act, 1884 (Cap 127), a marriage contracted under customary law may be registered. Still, registration is not a condition for validity. The law requires that, for registration, a Statutory Declaration must confirm that all conditions essential to the validity of the marriage in accordance with the applicable customary law have been complied with. This Declaration should be supported by parents or persons standing in the parent’s position.
The essential elements of a valid customary marriage, as confirmed by statute and case law, include;

• consent of the parties – which means that both parties must agree to marry each other
• consent of the families – which means the families of both parties must consent, often signified by acceptance of drinks or gifts,
• performance of customary rites, which means the essential rites and ceremonies under the relevant custom must be performed
• Cohabitation – the parties must live together as husband and wife.

In Yaotey v. Quaye [1961] DLH C 9296, it was explained that “ marriage under customary law is a lawful marriage recognised by the laws of Ghana”. How is it affected, and what are the things which constitute a valid marriage under the customary law…The parties’ agreement to live together as husband and wife, and the acknowledgement of that state by their families, constituted a valid marriage under Ghanaian custom. This was a decision by Ollenu J. of the High Court in the above case of Yaotey v. Quaye.
Similarly, the court of appeal in Afrifa v. Class – Peters [1975] DLCA 9275, which summarises the essentials as “a consent by the two families that they will live together as man and wife; consent by the family of the man that he should have the woman to be his wife; consent of the family of the woman that she should have the man for her husband…and consummation of the marriage by cohabitation. This was the decision of Francois, Justice of the Appeal Court, in the above case.
Registration of a customary marriage is optional but advisable for evidentiary purposes. Section 2 of the Customary Marriage and Divorce Registration Law 1985 provides that either party may apply for registration at any time after the marriage. The Statutory Declaration must confirm that all customary rights have been met. In summary, under Ghanaian law, customary law applies to marriage if;

• All essential customary rights are met.
• Registration is not required for validity, but it is useful for legal proof.
• consent of the parties and families.
• Performance of rights and cohabitation are key.

In the UK, immigration law recognises Ghanaian customary marriages. The relevant guidance notes are the Partners, Divorce and Dissolution Guidance, updated on the 29th of July 2025, (https://www.gov.uk/government/publications/partners-divorce-and-dissolution/partners-divorce-and-dissolution-accessible)
Under the recognition of foreign marriages, the guidance states the following.

• A marriage or civil partnership which has taken place overseas is recognised.
• The type of marriage or civil partnership is recognised in the country in which it took place.
• The marriage or civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place.
• There is nothing in the laws of either person’s country of domicile at the time of the marriage or civil partnership, which prevents the marriage or civil partnership from being recognised.
  any previous marriage or civil partnership of the couple has broken down.

As noted above, UK immigration law recognises Ghanaian customary marriages only if they are also recognised by Ghana. It is therefore important that the customary marriage contracted in Ghana complies with all formalities and requirements for its recognition.

UK case law is advanced: in McCabe and McCabe (1995), the court recognised Ghanaian customary marriages where all formalities under Ghanaian law had been met. Immigration law cases have also recognised such marriages. In the case of Awuku v SSHD [2017] EWCA Civ 178, the Court of Appeal held that the validity of marriage in EEA cases is determined by the law of the host member state. D Cudjoe v. Secretary of State, which various UK courts have applied, the most recent anonymised case, AAA v RRR, in which the Central Family Court held that ceremonies performed in Ghana under customary law constituted a valid marriage under English law. Cudjoe (Proxy Marriages – burden of proof) [2016] UKUT 180 (IAC), which set out that the onus is on applicants to prove that their marriage was valid and recognised in accordance with the laws of the country where the marriage took place. A marriage certificate can prove this, but it must be a valid certificate recognised by the country in which it was issued.

In conclusion, a contract formed under customary law by proxy in Ghana, whether or not the parties were present, if it complies with the form and substance of Ghanaian law, will be recognised under English law. Therefore, the requirements of Immigration Rules E-LTRP 1.8 will be met.
Any other assertions by the Home Office do not comply with both UK and Ghanaian law.

It is good practice, therefore, if anyone wants to apply for immigration status based on a customary law (proxy marriage), and the parties were not physically present, they ought to,

• Appoint proxies, ideally, family members who will represent them; the law requires parents or those acting on their behalf.
• Once the marriage has been conducted, they ought to register the marriage at the relevant marriage registry, either at the Metropolitan or the District Assembly.
• Once the registration has been done, it must be supported by the necessary Statutory Declaration, certification from the Ministry of Foreign Affairs and Regional Integration, and the Judicial Service of Ghana.
• Finally, once these documents have been obtained, it is also advisable, although not mandatory, to obtain a letter from the relevant marriage registry to confirm that the marriage complies with Ghanaian law and that it has gone through the proper formalities.
• In keeping with international practice, it is advisable to obtain a certification letter from the Ghana High Commission in the UK confirming that the documents are genuine and that the relevant formalities have been complied with.
• It will be for an appellant to prove that their proxy marriage was in accordance with the laws of the country in which it took place, and that both parties were free to marry. The burden of proof may be discharged by production of a marriage certificate issued by a competent authority of the country in which the marriage took place, and reliance upon the statutory presumption of validity consequent to such production. The reliability of marriage certificates and issuance by a competent authority are matters for an appellant to prove.

For expert advice and assistance in relation to a UK visa application as a skilled worker or family member of a British citizen or settled person, contact our specialist lawyers:
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About the writer:
Bennard Owusu is an accredited member of the Law Society Family Law Accreditation Scheme and a member of the Ghana Bar Association. Family Law Accreditation is a recognised quality standard for family law practitioners in the U.K.