A Justice at the Court of Appeal, Justice Alexander Osei Tutu, says a marriage is considered non-existent if it is not consummated.
According to him, for a marriage to be legally recognised, it must go beyond the legal processes and ceremonial aspects; it must be consummated through sexual intercourse.
He made this known while contributing to the topic ‘Are You Sure You’re Married?’ on JoyNews’ The Law on Sunday.
“A marriage is expected to be consummated. So if you go through the legal processes and after the wedding, there is no sex, the marriage will not be deemed to have been perfected.
“When the marriage is not consummated it is not complete, so there is no marriage,” he explained.
On the back of this, the judge indicated that if such a marriage is brought before the court, it will be declared null and void.
Justice Tutu also distinguished between the two legal methods of ending a marriage: dissolution and annulment.
According to him, dissolution, commonly known as divorce, applies when a marriage has gone through all the necessary processes and is legally recognised, but the parties wish to part ways.
In contrast, he noted that annulment applies when a key element of marriage, such as consummation, is missing.
Justice Tutu will be one of the speakers at the much anticipated Marriage Governance Conference 2024, which is being organised by Marry Right Ghana Limited.
The event will come off on Tuesday, August 27, 2024, at the British Council from 9 am to 3 pm.