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Costs of Divorce Proceedings in Ghana
This article explains the costs and expenses involved in Divorce Proceedings in Ghana. There are two types Court Fees and Legal Fees and other incidental costs.
Court Fees
The Divorce process is done by filing legal documents at the Court. The Courts charge a filing fee for every legal document. It is a small charge that is levied on every legal process filed at the Court.
Every legal document has its own charge and the charges are determined by the Rules of Court Committee. The most current filing fees are in the Civil Proceedings (Fees and Allowances) (Amendment) Rules 2014 (C.I.86). The costs to be paid for each document depends on the particular type of legal process being filed. It may be as little as GHc50, GHc500, GHc1,000 or more.
The total amount to be paid as filing fee throughout the divorce process is impossible to pre-determine. This is because every case is different and may require different legal solutions. The amount of Court Fees and expenses is usually directly proportional to the amount of acrimony in the divorce. It goes without saying that a very contentious divorce will require more filings than a non-contentious divorce. For a simple divorce where there are no children, no properties or where the couple amicably agree and settle all their differences, about GHc500 to GHc1000 will be a reasonable budget for Court filing fees.
Legal Fee
The costs of Divorce proceedings in Ghana includes the legal fee. The Solicitor’s fees usually depends on the nature of the Divorce Case. That is, if it includes a Child Custody Claim, Alimony (financial Provision) or Property Settlement.
For a Dissolution of Marriage with or without a Child Custody Claim, the legal fee is GHS30,000.00 ($2,700) — GHS90,000.00($8,000).
If there is property settlement or Alimony contest, then a charge of 10% to 20% on the value of Property/Alimony being claimed or hourly rates if the hourly rates exceed 20% of the claim.
It is worth noting that an experienced senior lawyer will charge more than a lawyer who is fresh out of law school. However, the charges are not arbitrary, the Ghana Bar Association determines the legal fees of lawyers and the 2022 GBA Scale of Legal Fees provides the most current guide for legal charges in Ghana. Divorce cases are dealt with at page 4 of the Scale of Fees.
Please note that the Solicitor’s Fee is paid to the lawyer for legal services and it is separate from the fees paid to the court and other incidental fees/bills.
Additional Expenses
Apart from the Court Fees and Legal Fees, there are other incidental expenses. These may be necessary for a successful Custody Battle, Property Settlement or Alimony Claim. They are not paid to the Lawyer or Court.
These include incidental costs like transportation, and other similar costs, etc.,.
It may be necesary to obtain an audit report, a survey plan, engage a private investigator or some other type of specialized service to support the claim. The expense for such a service are incidental expenses and separate from the Legal Fee and Court Fee.
Conclusion
The total Cost of Divorce Proceedings in Ghana is hard to assess.
However, with this post, we hope to provide a comprehensive explanation. We can guarantee that whatever estimate is assessed based on this guide, will turn out to be more or less than the actual cost involved.
Check out our articles on Inheritance Law here.
We also have material on the Law of Divorce in Ghana here.
18 Comments
Thanks for educating us. My question is that if a woman divorced her husband will all the court cost b paid by d woman? Again, if d husband used his own money to do his properties will d woman has a share in it?
Please note that we cannot give you legal advice on this platform, we can only educate and help you to understand what the law says about a given subject. Everyone pays their own cost in a divorce case. Except in some special circumstances. On property sharing, you can learn more from our article here – PROPERTY SHARING IN DIVORCE
Good afternoon
Please, want to know much does legal aid charges for response application???
I am not aware if there are any costs or charges involved when working with lawyers at the legal aid department. You may find out from the nearest office of the legal aid department to you.
Hi my wife who is an American wants a divorce because she said she has found someone who’s more better than me. So how do we go about the divorce
To obtain a divorce in Ghana, you will have to file a Petition at the Court and receive an Answer from your spouse. You may Reply to the Answer and then a date will be fixed for hearing. After the hearing the COurt will deliver its Judgment and if the case succeeds, the Judge will grant the divorce. The Judge may make Orders for Child Custody, Alimony, Maintenance, Marital Property Sharing etc. The process may take a minimum of 6 months for a non contentious divorce to a maximum of several years for a contentious divorce. We have a comprehensive explanation of the procedure here https://lexisghana.com/the-law-on-divorce-in-ghana /
What will happen if I don’t have a copy of our marriage certificate to file for divorce
You need to prove the existence of the marriage. In the absence of a marriage certificate, an admission by the other spouse or witnesses who were present during the marriage or any other evidence of the marriage should be enough.
Can I go to court myself to file for divorce or I need a lawyer
Yes, you have the right to represent yourself in COurt in any case. However, it is advisable to engage the services of a lawyer in all legal matters.
How much will it cost me to file a divorce petition in Ghana. Do I need a lawyer. No child and property involved.
Your lawyer will charge you in accordance with the scale of legal fees. You can read our article to have a general idea of the costs involved – https://lexisghana.com/costs-of-divorce-proceedings-in-ghana/.
If you go without a lawyer then you willnot pay a legal fee to a lawyer but you will pay the Court fees, expenses, incidental costs in addition to any other costs that the court may order.
Heloo good morning
Please is there a change to get a non-contentious marriage divorce in less than 6 months ?
Technically, it is possible within two to three months but very unlikely in most cases. The Civil procedure of Ghana requires a period of about 36 days minimum between the date that the Petition is served and the date of the first court appearance. This is before the hearing even begins. The two to three month estimate for the whole case, is assuming all the lawyers file every document perfectly and on time and all the parties pay all monies on time and all the Court officers act perfectly and on time. Then on top of all this the judge gives an expedited hearing. This rarely happens, there are always delays. Six months is a very generous estimate.
My legitimate husband with whom we have 3 children secretly impregnated a woman who later delivered for him. He told me he informed the parents when I later got to know . I asked the parents but they flatly denied. All I heard was they wanted to divorce me. Please can I take them to court for a breach of marital contract.
Please note that we cannot give you legal advice on this platform, we can only educate and help you to understand what the law says about a given subject. Adultery is grounds for divorce. In the divorce case, the Judge may make Orders for Child Custody, Alimony, Maintenance, Marital Property Sharing etc.
Hi I’m Joseph
My wife cheated on me I found out she later confessed and packed and left the house, she later returned my ring after 11months and now asking me to file for divorce what should I do?
Please note that we cannot give you legal advice on this platform, we can only educate and help you to understand what the law says about a given subject. To obtain a divorce in Ghana, you will have to file a Petition at the Court and receive an Answer from your spouse. You may Reply to the Answer and then a date will be fixed for hearing. After the hearing the COurt will deliver its Judgment and if the case succeeds, the Judge will grant the divorce. The Judge may make Orders for Child Custody, Alimony, Maintenance, Marital Property Sharing etc. The process may take a minimum of 6 months for a non contentious divorce to a maximum of several years for a contentious divorce.