Before You Divorce: Common Myths & Misconceptions

BEFORE YOU DIVORCE

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Many people misunderstand how the legal divorce process actually works. These are common questions and assumptions addressed in this article.

Can we just sign divorce papers and end the marriage?


We already returned the customary drinks, do we still need to go to court?


Will I get the chance to explain the issue? My spouse is the real problem.


Who gets the house, children, and property after divorce?


Can I get a divorce within a three (3) months?


How much will the divorce cost?


Can I remarry before the divorce fully ends?


Do I need a lawyer for divorce proceedings?

Divorce proceedings in Ghana often involve far more than ending a relationship. Many people begin the process expecting a quick emotional resolution, only to discover that divorce can affect children, finances, housing, property, and long-term legal rights. Before filing for divorce in Ghana, it is important to understand how the legal process actually works and the misconceptions that commonly create problems later.
 

I Just Want To Sign The Divorce Papers and Move On.

A spouse cannot simply “sign divorce papers” and end a marriage automatically in Ghana. The court must first satisfy itself that the marriage has broken down beyond reconciliation. In most cases, the person seeking divorce must prove legally recognised facts through evidence. The court does not grant divorce merely because the marriage became unhappy, stressful, or emotionally difficult. This legal requirement surprises many people before filing for divorce in Ghana. One spouse may believe the marriage clearly ended long ago, while the other disputes the allegations, evidence, or legal basis of the petition.

Divorce proceedings may also extend far beyond the relationship itself. The court may need to address children, finances, housing and several other issues. Understanding the legal process early often prevents unrealistic expectations later.

Learn More – Grounds for Divorce in Ghana

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We Already Returned the Drinks. Do We Still Need to Go to Court?

Returning the drinks during customary divorce does not automatically resolve every legal issue connected to the marriage. Under Ghanaian law, customary divorce generally dissolves customary marriages. However, Ordinance marriages usually still require a formal court process before the marriage legally ends. Different forms of marriage carry different legal consequences. Many couples only discover this distinction after disputes arise over children, maintenance, property or financial support.

Ending the marriage itself also does not automatically resolve every related issue. Even after a customary divorce, parties may still require court intervention to formally determine custody, maintenance, or property disputes.  Before filing for divorce in Ghana, it is important to understand the legal nature of the marriage and whether additional court processes may still become necessary.

Learn more – Divorce Process in Ghana

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My Spouse Is the Problem. I Need to Explain Everything.

Divorce disputes often begin emotionally but later become evidence-driven legal proceedings. Messages, emails, recordings, financial transfers, and social media activity may all become relevant during contested proceedings. Emotional reactions during separation sometimes create complications that later affect negotiations, evidence, or the overall tone of the case.

Common problems include:

• threatening messages
• public accusations online
• deleting important communications
• impulsive financial decisions
• involving relatives or children in disputes

Courts generally focus more on provable facts, documentation, and legal issues than emotional narratives. This becomes especially important where disputes involve custody, property, allegations of misconduct and other critical emotionally charged issues. Before filing for divorce in Ghana, many people underestimate how quickly private emotional disputes can evolve into formal legal conflicts.

Learn More – Divorce Process in Ghana

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I Built the House. I Cannot Share My Children. My Spouse Does Not Deserve It.

Divorce rarely affects only the marriage itself. In many cases, disputes quickly expand into parenting, finances, housing, and property. Where children are involved, disagreements may arise over custody, schooling, day-to-day care and other related issues. Courts usually focus on the welfare of the child rather than the personal conflict between the parents. Property disputes also become more complicated than many spouses initially expect. Questions often arise about ownership of the matrimonial home, financial contribution, jointly developed property and others.

Furthermore, the court does not concern itself with who is “right” or “wrong” on the varying issues. The Court is not out to punish the bad spouse. The Court is only interested in what is best for the children, if any, and then what is fair and reasonable for the parties given the unique circumstances of the marriage.

Learn More – Child Custody & Maintenance in Ghana – Alimony & Property Sharing After Divorce

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Can I Get a Divorce Certificate Within Three Months?

Some divorce cases conclude relatively quickly. Others continue for months or even years. The timeline often depends on

• disputes between the parties
• custody issues
• property claims
• procedural delays
• court workload
• difficulties serving documents

Even where both spouses agree that the marriage has ended, disagreements may still arise regarding finances, children, or settlement terms. Divorce proceedings are primarily legal processes. Courts focus on evidence, procedure, and lawful outcomes rather than deciding who behaved morally better during the marriage. This often frustrates litigants who expect emotional vindication or immediate resolutions. Before filing for divorce in Ghana, it is important to understand that contested proceedings may place emotional, financial, and psychological pressure on everyone involved.

learn more – Divorce Process in Ghana

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How Much Will the Divorce Cost?

Divorce proceedings in Ghana may involve far more than filing a few court documents. The total financial burden may include:

• court filing fees
• legal fees
• valuation expenses
• documentation costs
• transportation expenses
• accommodation changes
• childcare obligations
• other incidental expenses

Court filing fees generally increase as disputes become more contested. A relatively simple divorce with no major disagreements may involve lower costs than proceedings involving custody, property, or financial claims. Legal fees also vary depending on the complexity of the case, the lawyer involved, the amount of work required, whether property or maintenance claims are disputed

In some situations, highly contentious divorce cases may require additional applications, valuations, investigations, or professional services(accountants, forensic experts, psychologists etc).

Legal fees for divorce proceedings in Ghana may range from approximately GH₵30,000 to GH₵90,000 or more depending on the complexity of the matter. Property disputes may also attract additional 10% to 30% legal fees based on the value of the Marital properties involved. Before filing for divorce in Ghana, many people underestimate how financially disruptive prolonged disputes can become.

Learn More – Cost of Divorce Proceedings in Ghana – Ghana Bar Association Scale of Fees

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The Divorce Is Almost Over. Can I Remarry Now?

Separation alone does not automatically restore the legal freedom to remarry. Where a marriage was contracted under the Ordinance, parties generally remain legally married until the court formally dissolves the marriage and issues the divorce certificate. This often creates confusion where one spouse emotionally considers the relationship over while legal proceedings remain ongoing. Custody, maintenance, property, and financial disputes may also continue even after the court grants the divorce itself.

A person should only remarry after the court issues and endorses the divorce certificate signed by the judge. Before filing for divorce in Ghana, it is important to understand the legal distinction between emotional separation and formal dissolution of marriage.

Learn More – Divorce Process in Ghana

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Do I Really Need a Lawyer for Divorce?

Some divorce cases appear straightforward at the beginning but later become far more complicated than expected. Divorce proceedings may involve evidence, court procedure, legal timelines and other aspects of Ghana law. While it is not compulsory to engage a lawyer many people believe it wise to do so.

Sometimes couples genuinely do not anticipate any complications, however, they suddenly emerge after proceedings begin. A couple may initially agree on a simple divorce, then later dispute custody, maintenance, or property once emotions and financial realities intensify. Weak evidence, procedural mistakes, or incomplete claims may affect the progress of the case.

Not every divorce requires the same level of legal involvement. Some matters remain relatively uncontested, while others become highly disputed and legally complex.

For this reason, many people choose to engage a lawyer before filing for divorce in Ghana, although the law does not make legal representation compulsory.

Learn More – Schedule a Consultation with our Lawyer – Find a Lawyer from GH Bar Association

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