A Warning for Ghanaians: Paper Marriages Have Real Legal Consequences
In a recent video, Lawyer Ernestina Obboh Botchwey, a renowned legal expert, has shed light on a critical issue that affects many Ghanaians seeking residency or citizenship abroad. The misconception that so-called paper marriages can be easily abandoned without legal repercussions is a dangerous one, and Lawyer Tina is here to set the record straight.
But here's where it gets controversial... Ghanaian law does not discriminate between marriages entered for immigration benefits and those based on traditional reasons. This means that a civil marriage, even if initially motivated by immigration goals, is a legally binding union until it is formally dissolved through proper legal channels.
Paper marriages have become a common practice for Ghanaians aiming to obtain residency permits or citizenship in countries like the US, UK, Canada, and Germany. These marriages, often to citizens of these countries, are seen as a pathway to legal status. However, Lawyer Tina emphasizes that meeting the legal requirements for a civil marriage creates a valid and recognized union, regardless of the parties' intentions.
"You might think it's just a paper marriage, but in the eyes of the law, it's a real marriage. If you have a civil marriage for immigration purposes, you can't simply claim it wasn't legal when it suits you. You must go through the proper divorce process before remarrying," she explains.
To drive this point home, Lawyer Tina cites the Supreme Court case of Ernestina Boateng v Phyllis Serwah and Others. In this case, the Supreme Court ruled that court marriages remain legally valid unless properly dissolved, even if the parties have moved on and formed new relationships. This ruling highlights the binding nature of marriages contracted for convenience.
The case involved a woman who married a man in Ghana through customary marriage after meeting him in Belgium. When she later sought a divorce and claimed joint property ownership, it was discovered that she had an earlier monogamous marriage, allegedly for immigration purposes only. The Supreme Court's decision made it clear that marriages of convenience are not treated differently under Ghanaian law. Once the statutory requirements for a monogamous marriage are met, that marriage is valid and can only be ended by a court of law.
Lawyer Tina warns that entering into subsequent marriages without properly dissolving paper marriages can lead to bigamy, a serious legal offense. The complications extend beyond potential criminal liability and impact property rights, inheritance claims, and the validity of children born in these subsequent unions. Simply passing time or agreeing to ignore the marriage does not make it disappear.
The LAC public defender advises Ghanaians living abroad or considering immigration marriages to seek professional legal advice before taking any steps. For those already in this situation, she recommends initiating the divorce process immediately rather than hoping for a resolution on its own. The formal divorce process, though complex for parties in different countries, is the only legally recognized way to end a valid marriage under Ghanaian law.
The intersection of immigration and family law creates unique challenges for Ghanaians in diaspora communities. Immigration authorities in many countries thoroughly scrutinize marriage-based applications to detect fraudulent arrangements. Ironically, successfully obtaining residency or citizenship through marriage creates the very legal bond that applicants may later wish to sever.
Lawyer Tina's warning is especially relevant as more Ghanaians pursue economic opportunities abroad and explore various pathways to legal status. Her message serves as a reminder that taking shortcuts for immigration purposes can lead to lasting legal obligations that follow individuals wherever they go.
So, the next time you consider a paper marriage, remember the potential consequences. It's a serious matter that requires careful consideration and legal guidance. What are your thoughts on this issue? Feel free to share your opinions and experiences in the comments below!
