Quick Answer
The total cost of a divorce in Ghana depends largely on the complexity of the case. The more contentious the divorce the more expensive it is likely to be.
Key Takeaways
- The total Costs involved will likely include Court fees, legal fees and incidental expenses
- Court fees are usually only one part of the overall cost.
- Highly contested divorces generally cost more than amicable divorces.
- Incidental expenses may include transportation expenses, accounting, audit or other specialist services.
- It is usually difficult to determine the total cost of a case in advance because every case is different.
What Makes a Divorce More Expensive?
The cost of a divorce depends largely on the nature of the dispute. Some divorces are relatively straightforward and are resolved with minimal disagreement. Others become lengthy legal battles involving children, property, financial support, and allegations of misconduct.
In general, the more issues the court must resolve, the higher the cost is likely to be. For example, a divorce where both spouses have amicably agreed on issues relating to children, finances and property will usually cost significantly less than a divorce involving contentious disagreements. The conduct of the parties can also affect costs. Frequent disagreements, inappropriate emotional outbursts during court proceedings, multiple court applications, delays, and petty disputes over evidence often increase the amount of work required and may lead to additional court fees and expenses.
Costs of Divorce Proceedings in Ghana
Three (3) main types of costs involved in Divorce proceedings
Court Fees
Paid to the Court
As low as GHc50 up to GHc1000+. Cost of filing legal documents in Court.
Legal Fees
Paid to the Lawyer
From GHc30,000 up to GHc90,000+. Higher if custody or other marital disputes are included.
Incidental Expenses
Paid to Third Parties
Costs of transportation, audit reports, survey plans, and other expenses.
Important: The total cost of a divorce depends on the complexity of the case. A simple uncontested divorce will usually cost less than a divorce involving high emotional or contentious stakes.
Costs of Divorce in Ghana
There are three (3) types of costs 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. 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, GHc100, 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 or contention 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 Legal fees also 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. These are all negotiable.
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.
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.
Incidental 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 necessary to obtain an audit report, a survey plan, or engage some other type of specialized service to support the claim. The expense for such a services are incidental expenses and separate from the Legal Fee and Court Fee.
How Much Does it Cost To Divorce in Ghana?
Court Fees for a simple divorce where there are no children, no properties or where the couple amicably agree and settle all their differences; a budget of about GHc500 to GHc1000 should be expected.
Legal Fees for a Divorce with or without a Child Custody Claim, may range between GHS30,000.00 ($2,700) — GHS90,000.00 ($8,000). If there is marital property or alimony contest, then a charge of 10% to 20% on the value of Property/Alimony being claimed.
Incidental Costs include costs of transportation, audit reports, survey plans, or other specialized services as well as the costs of any other expenses.
Conclusion
The total Cost of Divorce Proceedings in Ghana is hard to assess. However, with this post, we hope to provide a comprehensive explanation. Please note that the estimates provided here are only approximate. The actual amounts paid may exceed or underrun the estimates provided here.
Need Specific Legal Guidance? The information provided in this guide is for educational purposes and does not constitute legal advice. Because inheritance laws can be complex and highly specific to your family’s circumstances, we strongly recommend consulting a qualified lawyer before making any major decisions.
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26 responses
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.