Grounds for Divorce in Ghana (2026)

Is My Reason Legally Valid? (Why the Court Might Reject Your Divorce)

Before a divorce petition is filed, one issue must be resolved. The court must be satisfied that the marriage is legally over. Many people assume divorce is available once both spouses agree.  Others believe unhappiness alone is sufficient. The most common  misconception is the “signing of divorce papers” to end a marriage. Under Ghanaian law, these assumptions are incorrect. The court does not act on emotions, blame, or personal opinions. Signed papers for divorce are just a movie myth. The law requires specific facts that fit recognised legal categories. These categories are defined under Matrimonial Causes Act, 1971 (Act 367). If a situation does not fall within them, the petition may fail.

A failed petition may result in delay, additional cost, and repeated proceedings. For this reason, the legal basis must be clearly understood before any step is taken. This explainer explains how the court assesses whether a marriage has ended in law.

What the Court Looks For: “Breakdown beyond reconciliation”

The Court is looking for evidence that will prove “breakdown” of the marriage. This is the only thing that matters to the court. Not who is to blame or who is at fault. The court must be satisfied that the marriage has broken down beyond reconciliation. It is a legal test, not an assessment of a relationship. The court does not consider whether the parties are unhappy. It considers whether the breakdown meets the standard required by law. To satisfy this test, the facts presented must meet the required conditions.

The court focuses on whether the marriage can realistically continue. The petitioner must show that at least one of the following five (5) elements have led to the breakdown of the marriage;

• Adultery
• Unreasonable Behaviour
• Desertion
• Separation, or
• Failure of Reconciliation.

It is not enough to just say that these things are present in the marriage. Each claim must be supported by credible evidence or eye witness testimony. Emotional appeals, suspicions or hearsay will not be enough. The alleged breakdown of the marriage must therefore be a genuine breakdown of the marriage and not “unhappiness” or the ordinary challenges expected in a normal marriage. Each of these elements forms part of the court’s assessment.

Hidden Test

This is often overlooked, but in Ghana a marriage must be at least 2 years old before a Petition for divorce can be considered for that marriage. An aggrieved spouse is still permitted to apply for leave/permission to issue a petition under the two (2) year limitation if they can prove objectively that they are experiencing severe hardship or depravity for their spouse. Then the Divorce petition will be considered.

To ensure consistency, the court relies on provable facts rather than emotional accounts. Long narratives and personal opinions carry little weight on their own.

How to Prove Your Marriage is Legally Over

The law requires clear facts that show the marriage has broken down. These facts must fall within recognised legal categories. It is not necessary to rely on every category. Proof of one category may be sufficient. In some cases, more than one category may apply. Each category reflects a situation where the law accepts that a marriage cannot continue. The court will assess whether the facts presented meet the requirements of that category.

Adultery: Proving Infidelity

In law, Adultery occurs when a married person has sexual intercourse with someone outside the marriage. The law recognises this as a possible indicator of breakdown. The court does not act on suspicion alone. It requires facts that reasonably support the conclusion that adultery occurred. The evidence must demonstrate sexual intercourse not just any kind of inappropriate intimacy or conduct.

Acceptable evidence will be things like recorded admissions, a pregnant mistress, paternity test, or other evidence that strongly suggests intercourse (like sex tapes, or suggestive photographs). The court will then determine if the effect of the adultery on the marriage is such that continued cohabitation is no longer acceptable.

Unverified claims or speculation will not satisfy the court. While many forms of inappropriate flirtatious behaviour may qualify as unreasonable behaviour towards divorce, only sexual intercourse will be taken as adultery.

Unreasonable Behaviour: When Enough is Enough

Unreasonable behaviour refers to behaviour by one spouse that makes it impossible for the other spouse to continue living together with them. This is not referring to things that are just bad habits or annoying traits like “chewing loudly”. This covers things that are actually illegal or immoral. Like abuse, inappropriate relations with opposite sex, or even harassment. It can also refer to behaviours that are not necessarily illegal or immoral but so offensive or repeated that it is unbearable.  Unreasonable Behaviour is one of the most commonly relied on categories for divorce.

The law does not require perfect behaviour in a marriage. It recognises that conflict and disagreement may occur. Even unhappiness and disappointment are normal and expected. However, the conduct must go beyond normal marital difficulties. The court will consider the nature of the conduct complained of. How severe is it? Did it just happen once or it is repeated? Finally, whether continued cohabitation is reasonable. The court applies an objective standard in assessing the situation.

Desertion: Unjustified Abandonment

Desertion occurs where one spouse leaves the other spouse without consent and without good reason. The absence must continue for at least two years. The court will examine both the fact of separation and the intention behind it. Temporary absence or agreed separation will not qualify.

The court will consider the duration: Whether the absence lasted at least two continuous years. Is there consent? Whether the separation occurred without agreement. What was the end goal or intent? Whether there was a decision/intention not to return.

In some cases, one party’s behaviour may be so bad that the other spouse is forced to leave. In such case, the badly behaving spouse is the one who has deserted the marriage and not the one who leaves. The law treats this as a constructive desertion.

Separation: Living Apart

Separation is living apart. It does not depend on fault or blame. The law recognises that long separation may indicate breakdown. Where the couple have been separated for continuous period of two years, or more, then the Court may grant divorce with consent of both parties. If the separation is for five years or more, then divorce is granted with or without consent. The separation must be continuous and not intermittent.

A common question is, How is separation different from Desertion? Separation focuses on the fact that the spouses are living apart. It does not necessarily depend on blame or misconduct. The separation may even occur by agreement. Desertion involves blame and misconduct. It is one spouse abandoning the marriage without consent, without good reason, and with the intention not to return. In simple terms, separation is about living apart, while desertion is about wrongful abandonment of the marriage.

Failure of Reconciliation: Unsuccessful Repair

Failure of reconciliation refers to unsuccessful attempts to repair the marriage. It is usually considered alongside the other categories. The kind of things considered are whether efforts such as counselling or mediation occurred. Whether those efforts failed. Whether the breakdown appears permanent or the issues can be resolved with more reconciliation attempts. The attempts can be made by counsellors, pastors, extended family or even court assisted Dispute Resolution.

The outcome of these attempts usually helps the court to assess whether the marriage can be restored.

Reasons the Court Will Refuse Your Divorce

Filing a petition does not guarantee that a divorce will be granted. The court will refuse the petition if the legal requirements are not met. Common reasons for refusal include: Insufficient evidence, where claims are unsupported or unclear, issues complained of reflect normal marital disagreements and not grounds for divorce, required periods for divorce petition, desertion or separation are not met, court rules are not properly followed. These factors may affect the outcome of the case.

What Happens Next: From Grounds to Process

The legal basis is considered during the Divorce process in Court. The Divorce process starts with a petition supported by facts and evidence. During this process, the court examines whether the grounds have been proved. The Court may also consider and determine related matters. These may include child custody, financial support, and property arrangements.