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The Law On Divorce in Ghana
Divorce in Ghana is the legal process of ending a marriage. It usually involves filing a petition with the court, serving notice on the other spouse, and attending hearings to finalize the divorce. The Matrimonial Causes Act, 1971 (ACT 367) makes provision for the legal requirements for divorce in Ghana. This article will explain the law on divorce in Ghana. In addition, it will also explain the orders that the Court usually gives on child custody, maintenance and property division.
This article is not legal adivce. It is only for educational purposes. You can download a copy of the Matrimonial Causes Act, 1971 (ACT 367) here. The hardcopy will be available for sale at our bookstore soon.
The Right to Divorce
Divorce is not as of right in Ghana law. This means that a married couple cannot simply agree to divorce and then obtain a Divorce Order from the Court. They will have to petition the Court and prove with evidence that the marriage has broken down beyond reconcilliation. This is the only grounds acceptable in Ghana law for granting a petition for divorce. The Petitioner must produce sufficient evidence to prove any one or more of the following; Adultery, Unreasonable Behaviour, Desertion, Lack of Cohabitation, Failure of Reconcilliation. This is what will establish whether the marriage has broken down beyond reconciliation.
Grounds For Divorce in Ghana
Sometimes in divorce proceedings, each party usually wants to tell their side of the issue. They want to passionately explain and justify the ‘wickedness’ of the other spouse. The Court is not interested in these stories. Instead, the Court will focus on the relevant elements that can help decide the breakdown of the marriage. We explain those elements at this section.
Adultery
Adultery is one of the grounds for divorce in Ghana. Under Ghanaian law, adultery is defined as any sexual intercourse between a married person and a person who is not their spouse. If one spouse commits adultery, the other spouse can file for divorce on the grounds of adultery. The Petitioner will have to provide relevant evidence of the adultery. The Court will not rely on rumours, suspicion or speculation to grant a divorce on this ground. In some cases, the birth of a child out of wedlock, or paternity/maternity tests, sex-tapes/photos etc., will provide undisputable evidence of adultery.
Unreasonable Behaviour
In Ghana, unreasonable behaviour is one of the grounds for divorce. Unreasonable behaviour can include anything that makes it difficult or impossible for the spouses to live together, such as physical or verbal abuse, financial misconduct, drunkenness, drug use, neglect, refusal to communicate or participate in marital counselling, denial of sex, refusal to cook or clean, etc.,.
Unreasonable behaviour is usually hard to prove. Much of the time, the complaints are normal habits that are annoying to the spouse but do not necesarily amount to unreasonable behaviour. The Court will determine each case on its own merits.
Desertion
Desertion as a ground for divorce in Ghana refers to the act of one spouse leaving the marital home without the consent of the other spouse for a continuous period of two years, and without any intention of returning. This usually occurs when one spouse decides to end the relationship by leaving.
However, one spouse might force the other to leave the matrimonial home due to neglect or mistreatment. In such cases, the misbehaving partner is the one who deserts and not the one who left the home.
Lack of Cohabitation
Where the couple have not lived together for a continous period of two years or more, the Court may grant a divorce. The other spouse will have to give their consent. If the consent is being unreasonably witheld, then the Court may grant the divorce without the consent.
If the couple have not lived together for a continuous period of five years or more, then the Court will grant the divorce.
Failure of Reconcilliation
The Petitioner must satisfy the Court that several attempts at reconcilliation have failed. The Petitioner will have to produce evidence of Marital Counselling, mediation by pastors or church leaders, family elders and etc.,. This is also one of the grounds for divorce.
Procedure for Divorce in Ghana
Divorce cases are dealt with as civil cases in Ghana. The procedure is governed by the High Court Civil Procedure Rules, 2004 (CI47). You can download a copy of the CI 47 here.
In Ghana, a person has the right to conduct their own case in Court or act through a Lawyer. We strongly recommend that you engage a competent lawyer to provide all the legal services you may need, including divorce proceedings.
Petition for Divorce
Petitioners in Ghana must file a Petition for Divorce in accordance with the prescribed format, identifying the parties involved and the grounds/reasons for the divorce. The Respondent may then respond to the Petition by filing an Answer. If necessary, the Petitioner can file a Reply to the Answer.
The Court will set a date for the parties to present evidence such as documents, audio recordings, and eyewitnesses. After both parties have presented their evidence and witnesses and have been cross–examined, the Court will give its judgment. The entire process may take several months or years, depending on the issues to be determined in the case and the workload of the Judge.
The Court typically tries to reconcile the couple, but if these attempts fail and the Petitioner meets the required grounds for divorce, a Divorce Order may be granted as well as determinations for Custody/Access to children, Marital Property Sharing, Maintenance Payments, and Alimony/Financial Provision.
Child Custody and Reasonable Access in Divorce Proceedings
In Ghana, parents of an underage child have the right to custody or reasonable access. However, the child‘s rights are paramount; where parents‘ rights clash with the best interest of the child, the court will deny the parents‘ rights and prioritize the child‘s wellbeing.
The parents may be able to agree on custody, where one parent has fulltime custody and the other has reasonable access. The agreement may also be where each parent has custody 50% of the time. If they cannot agree, the court will make a decision. The Court will take into account the child‘s age, health, the parents‘ financial, mental and physical capacity, and the potential for a stable home environment. Ultimately, the court will make a decision based on the best interest of the child and any relevant evidence presented.
Property Sharing in Divorce Proceedings
The Law on divorce in Ghana considers property acquired during the pendency of marriage as joint property of the couple. In the past, the properties were split into two equal shares for the couple. This was based on the nature of the traditional nuclear family and gender roles. The husband earned income used to acquire the property. The wife also cooked, washed and took care of the home and children. The law considered this to be the wife’s valuable contribution to the success of the man and the family. The law would give the wife equal/joint ownership of all marital properties afterthe marriage is dissolved. However, nowadays, the equal/joint ownership is no longer automatic. A spouse claiming joint ownership must prove their contribution. It is assumed that, in most homes, the couple are both employed and have hired maids, cooks, cleaners, and nannys to take care of the household duties. Therefore, the one claiming joint ownership must prove their contribution towards the property. They will only be entitled to a reasonable share of that property commensurate with their actual contribution.Child Support & Maintenance
The parent or legal guardian of a child in Ghana is responsible for providing the basics of food, health, clothing, shelter, and a basic education for that child. The Ghana law defines a child as a person below the age of eighteen. See the Children’s Act, 1998 (ACT 560).
In most divorce proceedings, the court grants the wife custody of the child and orders the husband to make monthly payments as maintenance. The idea is that the husband contributes financially whilst the wife deals with the day to day upkeep of the child. In this way, they equally maintain the child. Please note that there are some few rare cases where the husband will have custody and the wife pay maintenance.
The court will impose a figure if the parties cannot agree on the amount to be paid as maintenance. The Court will consider certain factors before imposing a figure as maintenance. Some of the factors are, the needs of the child, the financial capacity and resposibilities of the one providing maintenance, the family situation of the couple and any other relevant facts. This ensures that the amount imposed is reasonable and not excessive. In effect, a rich business man will not pay the same maintenance as a poor driver. This is because their financial and family situations will be different.
Alimony & Financial Provision
In most divorce proceedings, the husband pays financial provision or alimony to the wife. The financial provision or alimony is compensation for the divorce/breakdown of the marriage. In some exceptional cases the court may not order financial provision or may order the wife to pay the husband. This is rare, only where the wife has been adulterous or engaged in some other similar extreme act. In addition, the wife would have to earn a greater income than the husband.
Again, if the parties cannot agree on the alimony, the Court will impose a figure. Just like the maintenance, the Court will consider the earning capacity and financial responsibilities of the husband before imposing a figure as alimony. The Court will also consider the number of years married, the children and other factors. The court will ensure that the husband can afford the compensation and also that it is sufficient compensation for the wife. Just like the maintenance, the alimony that the ex-wife of a Minister of State will get will be different from that of a School Teacher because thier situations are different.
Conclusion
The Law on Divorce in Ghana continues to develop. There are new case being determined and new interpretations of the laws on a regular basis. We hope that you find this article educational and helpful.
Check out our articles on Inheritance Law here.
202 Comments
We got married under ordinance. Got separated because of rent issues pending Reconciliations. Amist the Reconciliations I man walked to me in the presence of some others that he is having sexual affairs with my wife for about eight months after separated. Evidence has proved it to be true. She has filed for a divorce after committing adultery.. the man is still living with her with our four children. My wife introduced the boyfriend to the children as their uncle but proved otherwise. What can 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. We have responded to you by the e-mail you provided.
Interesting piece. So if a court grants a divorce, is it compulsory by law to go to the family with a drink as per our customs and traditions??
for an ordinance marriage the divorce order from the court is final. For a customary marriage, the court is likely to require a proper customary divorce before granting further orders.
Please I want to seek for divorce from my husband but he has the marriage certificate with him, can I go ahead and seek the divorce without the marriage certificate?
Yes please, you do not need a marriage certificate to file a Petition for Divorce. You may need it if the spouse denies the existence of the marriage. However, this rarely happens.
Pls My Ex-wife and I divorced in 2022.I was asked to pay an Alimony of 20,000gh at the time. We divided the land I had including all other things I owed.I pay a monthly maintenance for my 4yrs boy. Now, she is demanding for a part time of her rent.Pls Am I obligation and legally binded to make that payment ? She keeps finding ways to extract money from me.Is there anyway I can take custody of the child at age 4?
Please note that we do not give you legal advice. We have replied by the e-mail you provided.
Please I need personal assistance on a setting case
We have replied by the email you provided.
Hi maxwel. I think since your child is with her then you need to share the rent with her. 50/50
My wife has continuously insulted and fight a relative staying with us because she doesn’t want her to stay anymore. Because of this, she has packed her things and left three times in less than 3 months.
Her parents are constantly on her side and never seem to know my side of the story. Her father has told her he will disown her daughter for marrying me.
She is always acting on what the father will say than listening to me even though I have told her to stop that several times which she wouldn’t listen.
Do I have a chance to win a divorce for proving that his her parents involvement in our marriage has made my wife not to be the wife I expected her to be.
Another thing, she threatened me and my relative with death, is it also enough grounds for the court to consider my divorce request.
Thanks in advance for your answer.
Please note that we do not give you legal advice. We have replied by the e-mail you provided.
Hello. A woman wants to file for divorce from her husband of 13 years based on past infidelity allegations after she saw a recent message suspicious of a relationship based on her assumptions. After the divorce should she find out that the man moved on with another lady and had a child within 8 months from date of filing for the divorce, can she revisit the court and file to take over all his property because of the new information on infidelity and adultry?
What can the man do in this case? Will the court take all his possessions for the ex wife?
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. Usually, once a case has ended and Judgment is delivered, it can only be re-litigated under very special circumstances.
Hello there. “In Ghana, if a couple decides to get divorced, they have to wear the same dress they wore on the day they got married to complete the divorce process”, says the Chinese Internet. Is this true?
Please note that we cannot give you legal advice on this platform, we can only educate help you to understand what the law says about a given subject. This is not generally true. It is not a legal requirement for divorce. However, when it comes to divorce under Customary Law, the traditions differ from tribe to tribe in Ghana. Even though most of the customary divorce traditions are similar, some of them vary. Therefore, it is possible that there is some minor tribe somewhere in Ghana where this is a traditional requirement (but not a legal one). I am not aware of any such, but it is not impossible that something like that may exist in a small tribe/village somewhere in Ghana.
Is it a crime in Ghana to be with a woman who is not yet done with her divorce process yet
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. It is a crime to marry a woman who is already married to another person under the ordinance. It is not a crime to have a sexual or amorous relationship with a woman who is going through a divorce which is yet to be finalized. However, that type of relationship may be considered adulterous and may be used against her in the divorce case.
Can the court grant a divorce if it is found out that the one who initiated the proceedings has a mild psychiatry issue?
Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject. If the Court finds that a person is not mentally fit (due to intoxication or insanity) to understand the consequences of their action, most things the person does may be legally struck out as voidable.
Please i going in 2023 and my ex husband said i should bring the child to him if i come back he being her to me .but 1 year now he don’t want to do what he said. I took hum to legal aid he said no and the child is 6 years and she is a girl too please want can I do
You need to engage a lawyer to assist you fight for custody or reasonable access.
Please can you remarry the same person you have divorced legally
Yes, one can marry the same person one has already divorced if they are still unmarried after the divorce.
What do you mean by if they’re still unmarried after them getting divorced??
This means that after the divorce, they are still single and have not married other people.
While a wife of 20 years was recovering from a breakdown, her behavior changed and insisted that she was no longer interested in the marriage. She denied the husband food, sex and became abusive. She wrote letters to friends that she has dissolved her marriage, and doesn’t want to be called with the husbands name. Several mediators came in unsuccessfully. After 6 months, the husband moved out of the apartment for fear of his life as that apartment is from the wife’s employers. Both acquired properties during the marriage. It has been 18 months since the problems started. With property sharing and alimony, how will the divorce go if it is initiated by the man, with children 19 and 17 years?
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. It is not possible to pre- determine what figure the Court will determine for Alimony or Child Support/Maintenance. It is entirely up to the discretion of the trial Judge and it is based on several factors such as the lifestyle and standard of living of the family, the income of the husband, the needs of the children etc. The Ghana law requires the payment of Child Support/Maintenance (this includes educational costs and health etc) until the child reaches 18 years of age. The educational obligation is also only up to a basic education there is no legal obligation to pay for secondary or tertiary education. Any property that is considered jointly acquired during the marriage is Marital Property and will be shared in accordance with the contribution made towards that acquisition.
In this instance, the man personally acquired a landed property with about 10% contribution of the man, so also did the wife. In event of sharing of property after divorce, what is the position of the law? The children, boys 19 and 17 years, who takes custody of them? Wife or husband?
Please me and my boyfriend want to have a private wedding at a registrar’s office.
His parents are dead and his Uncles and aunts keep postponing our wedding because they think our age difference will be a problem in the future.
He wants to bring 2 friends as his witnesses and I will bring my sister and my father as my witness.
My boyfriend will be 40 and I’ll be 23 by July 2024.
How can we legally get married without his family since they just want to waste our time?
What marriage options do we have legally and where can we start from?
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. Three types of marriage in Ghana, Customary/Traditional, Ordinance and Islamic Marriage. Customary marriage requires the consent of the couple, the family and the performance of the marriage ceremony. Ordinance marriage requires that consent of the couple, before two (2) witnesses each, the ceremony must be performed at a venue licenced for marriages (court, hotel, church etc) and by an officiator licensed to officiate marriages (Judge, magistrate, registrar, priest, pastor etc). One does not need to perform a customary marriage before the ordinance. There is no legal requirement. Even though not required by law, it is wise to involve the family in an ordinance marriage since culturally they are the ones who will step in to support when there are issues in the marriage. However, the ordinance marriage does not require the involvement/consent of the family.
Hello, please what step do one need to take when one parent refuse to grant travel consent to the other who wish to take a kid abroad for holidays.?
In Ghana the “best interest of the child” takes priority over a parent’s right to custody or reasonable access. Therefore, the one who wants to take the children abroad may apply to the Court for an order for custody to take the children abroad on grounds that the other parent by refusing consent is acting against the best interest of the child. This is not guaranteed and it is a long shot but a custody order from the Court in this nature may be acceptable to the embassy. We give no guarantees however and recommend that you consult an immigration lawyer for legal advice.
Hello, I left my matrimonial home almost three years now. Currently leaving with our child. I have filed for a divorce on ground of dessertion and a hearing date have been set. My soon to be ex husband says he won’t give me custody be he suspect am having a relationship with a guy he doesn’t wants his child around. Does he have case when it come to custody of the child. She is 7 years old.
Please note that we cannot give legal advice on this platform. We can only help you to understand what the law says about a given subject. When it comes to custody the court seeks to do what is in the best interest of a child. The court will look at the evidence that you and your husband produce and consider both sides very carefully. Afterwards, the court will grant custody and do what is best for the child.
I filed for divorce and my partner responded to say he doesn’t agree to the divorce. The court then asked that we go and resolve the issues however, they are granting separation since we were staying separately. We decided to resolve it but after a like 3 months my partner asked that we proceed with the divorce. i filed a petition again but my partner didn’t respond to it. He came back again that we should make the marriage work. So we didn’t proceed or follow up again with my lawyer. Its been two years now since i filed.
Are we legally separated or is the marriage certificate valid? The marriage was barely a year old when i filed the divorced.
If there was no explicit or express order for divorce or dissolution of marriage granted by the Court, then the marriage is still subsisting, and the divorce process needs to be resumed and concluded with the proper processes.
Please note that we cannot give you legal advice without a consultation, we can only help you to understand what the law says about a given subject.
Hello,
I live abroad but I want to file for divorce from my Ghanaian spouse who currently resides in Ghana.
How do I get access to the documents -petition for Divorce please?
The Ghana law will permit you to commence a divorce petition by acting through a legal representative if you cannot personally be in Ghana. This may be a relative or trusted friend. You may engage the service of a lawyer to assist you pursue the divorce in Ghana.
Good afternoon, please I’ve been married for five years.my husband is insecure and doesn’t trust me because of that we alway hv an argument and the kind of insults he uses on me is too much he even thinks I can have sex with my own family members and even any guy i talk to he say i can have sex with them.the insults and disrespect is disturbing me and I’ve lost the love I was having for him.please can the court grant separation based on this??
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 get a court ordered separation, there must already be a case in Court. You do not need to go to court for a separation, you can get it through counselling by a professional counsellor or through the church. However, it must be handled professionally or it can make the situation worse than it already is.
Hello, my sis and husband with 3kids lived in chamber and hall. Her husband verbally and physically abused her for over ten years, plus infidelity ( she has recorded evidence). Finally, she left and he reported her to DOVSU. He was asked to pay for the upkeep of the children and stay separated until she’s ok. She was thinking of giving him another chance but she tells me he’s as horrible as ever. And claims it takes some people fifty years to change so is he supposed to do magic?
She wants to know whether he’ll continue taking care of the children if she initiates divorce.
The biological parents of a child have a duty to continue maintaining the child and/or providing for the child whether they are married, divorced, separated or otherwise.
Where a person who has this responsibility is failing to comply, the other parent or anybody who has custody of the child, can apply to the COurt and the COurt will impose a reasonable amount to be paid as maintenance for the child. Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject.
hello, if you are given a property sharing money or alimony to pay to the other party, is there a time period to pay the money to the other party or the money should be paid instant.?
If the Court does not give any time limit within which to pay, then it may be that the Court expects the amount to be paid immediately. The person may also request for time to pay.
So I have quite a serious case here. An uncle of mine, went to get married in Ghana without telling his current wife in Europe. They did a traditional marriage and he would like to do a legal one, claiming the new wife as his current and making a fake divorce with the wife in Europe, so he can process for the new wife papers and take her abroad. How can his wife in Europe report him to authorities, how should she act as he can get someone to sign on behalf of his wife, claiming it is her, which she is clearly not.
If there is an existing valid ordinance marriage, any subsequent marriage is void. The first marriage must be dissolved first before any subsequent marriage can take place. It is a criminal offence for all parties who are participating in the second marriage, including the pastor/priest and witnesses, if they know that an earlier valid marriage is still subsisting. It is also a criminal offence to forge an official document. These are punishable by fine and imprisonment. Usually, the person with knowledge of the earlier marriage or forged divorce certificate will give notice or file a caveat and serve the new couple, the pastor/priest as well as the local assembly in Ghana where the marriage is taking place. This may change depending on the specific situation and the stage that they have reached. One must always engage a solicitor/lawyer to devise the best strategy and for legal advise in all legal matters.
Please a divorce be filed against a wife who use to insult his husband and also don’t listen to advice from husband or parents
That attitude may fall under unreasonable behaviour. If it falls under unreasonable behaviour, then it may be grounds for divorce.
Can both agree to divorce to make it fast and bare the cost involved. By agreeing, is it still necessary to take a lawyer if u can’t afford? Tanx
A couple cannot agree to divorce in Ghana, they will have to prove to the court that the marriage has broken down beyond reconciliation. It is not compulsory to take a lawyer for a divorce case. although it is highly recommended.
Hi
Please I need a divorce asap but don’t have a lawyer and the said amount to pay for one. I have been legally married for 6yrs but after the 3rd year of marriage my husband left the house for the past three years now I don’t no his where about and he sometimes sends money. We don’t have kids yet after my miscarriages. Please help me out. Tanx
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.
I’m in an abusive marriage. My husband insults, body shame me the least chance he gets. He apologizes and then does it again. My opinion doesn’t matter in the marriage. I have lost my self esteem because of the things he do to me. I don’t want the kids to grow up with that attitude. I want to divorce him but he knows I’m not financially stable to file for divorce so he keeps pressuring me to file for it. I really need help
We have replied by the e-mail you provided.
Hello Goodmorning LexisGh please a friend of mine made a fake marriage certificate so as to help with travelling outside the country but now doesn’t want to travel anymore how can he apply for a divorce .
If the marriage certificate is a forged and un-genuine document, then there is no valid marriage. However, if you mean that you had a valid legal marriage just for the purposes of obtaining travel papers, please not that this is unlawful. You may need to go through a full legal divorce in order to dissolve a valid legal marriage.
Hi, could divorce be done without the presence of both parties if they live abroad and had decided to divorce , could it still be done in Ghana where the marriage took place though they will not be there to witness it ?
The Ghana Court will allow a person to act through a legal representative. So person’s abroad may divorce in Ghana whilst acting through their lawfully appointed representative in Ghana.
Please help . I have been married to US citizen for four year now . Beginning everything was fine and all of suddenly I don’t hear from him anymore for the past one and half now. I have no trace of him or able to contact any of his relatives till date . Please can I file for a divorce.
You may file for a divorce if he fails or refuses to respond then the court may grant the divorce in his absence on grounds of desertion. You may also file a missing person’s report with the American Embassy and the Ghana Police. If after seven years there still has been no contact, then you may have him presumed dead and that will automatically end the marriage.
Can alimony be awarded to a cheating wife after prove of paternity DNA test after 12 years of marriage
The Court will look at every marriage uniquely before determining the Alimony/Compensation to be paid. SO it is not possible to determine whether Alimony will be awarded in a case or not.
However, there are several cases where the woman was awarded Alimony even though she had committed adultery.
In other cases, the woman’s adultery was used as a reson to reduce the amount of alimony that she would have gotten.
Hi I’m trisha
I have been married to this man for five years now with two kids,ever since we got married there’s always misunderstanding always which always results in fight, several attempt for reconciliation has failed, currently we’re leaving like enemies, I asked him if he doesn’t need me anymore, The answer i got is what is holding
you? ’m not happy in this marriage,I want to a divorce, please what to do
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.
Hi, i want to divorce my wife of 25 years after the 18th birthday of my last born… next year…my kids actually encourage me to divorce her becuase she has caused severe problems to our individual mental health. i own a house, a car. a school and lands. Even after all the things she has done to me and my kids, can she still own any of my belongings, whats the maximum money she can get from me and on an average how long does a trial take.
The Court will look at every marriage separately before determining alimony/financial provision.
They may consider the length of the marriage, the contribution each party made to the marriage, to the properties and to the divorce, etc.,. So it is not possible to determine the amount of alimony/ compensation that the court will determine.
A straight forward divorce case where both parties are understanding of each other and ready to resolve things quickly may take a minimum of 6months to one year. Whereas, some contentious divorce cases have been known to take 5 to 10 or more years to conclude.
Thanks for the great information. I got married in a court in Nigeria 20yrs ago because my parents were there but my ex and I are Ghanaians and we have a mutual agreement and we have been separated for two years. Where do we process a marriage dissolution? Is it Ghana or Nigeria?
The Ghana Court has jurisdiction to hear a divorce Petition if one or both of the parties are Ghanaians.
However, the divorce will be done in accordance with the law of Ghana.
Please how much will it cost to hire a lawyer for divorce on grounds of adultery with two kids out of wedlock
There are three types of costs involved,
1. Court Fees
These are fess paid for the filing of documents, evidence etc in Court.
2. Legal Fees – GHS5000 to GHS90,000
The lawyer will charge in accordance with the 2022 Ghana Bar Association scale of fees. It is negotiable and will depend on the lawyer and nature of the divorce.
3. Expenses
This includes filing fees, transportation costs, other services like accountants, auditors, valuers, surveyors if they are necessary, etc.
Hello Sir. Can I file for divorce without engaging 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.
What are the penalties one can face if the father doesn’t pay the maintenance fee for the child after the court hearing?
The law gives the Judgment Creditor several options to enforce an order for the payment of money. The Court may seize property and sell, the court can garnishee bank accounts, the court can also appoint a manager to take over commercial business and seize the profits, the Court may also cite for contempt which may result in imprisonment. There are a few other options available for enforcing the orders of the Court.
Thank you so much please what happen if there is no property in the marriage ?
If there are no marital properties, then no marital properties will be shared.
A friend of mine was in a 30 years marriage with two kids. After 15 years her husband told her he would no longer be responsible for her even though she was being responsible for her husband and she has been honouring her responsibilities as a wife despite her husband’s failure to be responsible for her maintenance. Despite the fact that her husband refused her maintenance, she sacrificed to take care of her husband when he was down with a life-threatening disease only for the husband to get involved in infidelity just when he got well from the sickness. It got to a point that she could no longer contained the humiliations, disrespect and the disregard from her husband despite being loyal to him.
She then decided to seek for a divorce which after several hearings she was granted the divorce. However as her first relief, but nothing was said of the second and third reliefs (an alimony and a reasonable three bedroom house, and a car)
The divorce certificate has also not been worked on.
What can she do in this regard?
With your issue, I recommend that your friend goes back to the lawyer who handled the case and request for explanation.
We will not be able to answer unless we get the chance to look at the judgment and examine the case docket. The Court is required to give a judgment on all the reliefs claimed whether to grant or refuse it and give reasons. If this is not done, there are steps that may be taken to have it done.
Hello Goodmorning , I have been served a petition of divorce from my wife . I need advice on how to go by it I am yet to go for first appearance . Please is there any way you can help me with a lawyer to help me go through the process
We strongly recommend that you engage a lawyer to assist you with legal matters. You may find a lawyer anywhere in Ghana on the Ghana Bar Association lawyer locator website.
Hello Lexisghana,
A couple has been separated for 10 years. Both of them had a traditional marriage and did not sign their marriage in court. The man has proclaimed for 10 years that the woman isn’t his wife. If he passes away, does the woman have a right over his estate. Especially, if he has another wife (also traditional marriage only). The family of the deceased recognises the first woman as a wife even though the deceased doesn’t.
Where there is a valid traditional marriage, the wife or wives are therefore surviving spouses and will be entitled to share in the estate of the deceases intestate. The matrimonial house and household chattel will belong to the Surviving Spouses and children equally and everything else in the estate will be shared under PNDCLaw 111 as Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%. Therefore, all the surviving spouses will share the 18.65% equally.
What is the first wife was no longer with the deceased for almost 15 years. Is she still entitled to his estate?
Please note that we cannot give you legal advice without on this platform, we can only educate and help you to understand what the law says about a given subject. If there is no divorce, then the person is still the surviving spouse and will be entitled to what the surviving spouse gets under PNDCLaw 111 where there is no valid Will.
Good day . Pls I did traditional marriage but we had a son a month later before we got marriage and a year and half now my wife wants to end the marriage but she doesn’t have the capacity or ability to take care of our son . She doesn’t want me to have my son too and we have try talking about it but she still won’t agree to let me have my son and she keeps threatening me reporting me to human rights and court to get custody of the child . And I want assistance to how I can get custody of my son . My son is 2yrs old
A parent is entitled to have custody or reasonable access to their own child. The Court will consider the best interest of the child, the age, and all the relevant factors before deciding on custody or access. Usually, young babies are given to their mothers and the fathers have access/visitation. Ultimately, the Court will seek to do what is best for the child.
I have been married for 3 years now. My wife was very respectful and submissive from our courtship time till when we got married. She suddenly changed her character towards me immediately we had our first baby.
She listen to friends, she can slap me and insult me even insult my Family. She spread out marital issues outside even to my Boss. Our Son is 3 years old and I like to divorce. Actually, I don’t have a property now. So please give me a guide on a divorce because she’s planning of dooming my life in the future.
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.
Good day, I have a question. I was single when I met a woman and we had a child together. Even though we live in separate homes, we reconciled after she had left me following the birth of our child. During the period when we were apart, I was able to build a house and acquire one plot of land.
Now she wants us to marry, and my question is, If she decides to leave me during our marriage, do I have to share these properties and my house with her? I acquired these assets when I was single.
In Ghana, Marital Property is defined as property which is acquired during the marriage. This will be shared after divorce. Any property acquired before the marriage will not be treated as marital property. Joint Property will also be shared after divorce, if the man and woman both contributed to the property. The court will share the property in accordance with the percentage contribution that was made. So it is the Marital Property and Joint Property that will be shared after divorce.
I am 45years I have been married for pest 12yeaes with two children but 2020 August my husband sow his own girlfriend on Facebook now has written to you he has married her leaving in America without docvor me and have ask me to leave the house otherwise he will not take care of the children lot that I can write
It is a criminal offence for a man to marry another woman under the ordinance without first divorcing his first wife. The Husband has a legal responsibility to provide for his wife and children, if he does not, the law can force him to do so.
Good morning please.Is there any chance to make the final judgement of a non-contentious marriage divorce faster 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.
Thanks for the response. At what age can I take take I take my child from my devorce wife?
I am a Ghanaian young man. I caught my wife cheating on me and I want to devorce her do I have to pay compensation to her for devorcing her?
Adultery is sufficient grounds for divorce. It may not be enough grounds for the cancellation of alimony or financial provision, but it may be enough to have the alimony reduced. Adultery will not affect the payment of child maintenance and other child related payments or marital property sharing.
I was customarily married to a rich man for 25 years and we have four children. Two years ago he annulled the marriage based evidence he had on an affair I had. Am I entitled to settlement. He has refused to give me anything. Can I take him to court?
In almost all cases, Financial Provision is paid to the wife after a divorce. The court will look at the number of years married, if the wife has given the husband any children, also, the help, assistance or contribution that the wife has made etc.,.
Hi I’m Linda
I have been married to this man for five years now with two kids,ever since we got married there’s always misunderstanding always which always results in fight, several attempt for reconciliation has failed, currently we’re leaving like enemies, I’m not happy in this marriage,I want to a divorce, please what to do
We have replied to you by email. It is important to engage the services of a lawyer for all legal services. You can read our explainer article on “The Law of Divorce in Ghana” for more details.
Good afternoon,
I just received a call from Accra Circuit Court that my husband has filed for divorce and they ought to serve me a letter. i told the person that my husband has not informed me about his actions and that I cant reeive the letter. the person explained to me that, there are many ways to get the letter to me but they prefer to deliver to me personally because it is a private matter.
I urgently need your advise please.
We have replied to you by email. It is important to accept service of a legal document from the Court and to engage the service of a good lawyer for legal advice and legal action as soon as possible. After service of the divorce petition, you will have 8 days within which to respond or the court may go ahead with the case without you. You can read our explainer article on “The Law of Divorce in Ghana” for more details.
How do i seek a legal divoce from a partner.
To obtain a divorce in Ghana, You will have to file a Petition in the prescribed format at the appropriate 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. It is strongly advised that you engage the service of a lawyer to assist you in all legal matters.
I have been married for 33 months with a 1 year old baby boy. I am no more interested in the marriage and want a divorce because of my wife’s constant disrespect, verbal abuse and provocative insults. This is killing me and so I want to get a divorce.
Please, kindly guide me regarding the processes involved and how do I get a lawyer to help my case. Thank you
To obtain a divorce in Ghana, You will have to file a Petition in the prescribed format at the appropriate 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. It is strongly advised that you engage the service of a lawyer to assist you in all legal matters.
Hi Lexis please can your wife divorce you, when you have a legal issues and be sentenced to jail for 6 years. Can she say that she can’t wait for you to be released and for that she wants to divorce you. Will the law grant her approval without the man’s consent or without the approval of the man
A spouse may commence divorce proceedings against the other spouse in prison. The court is not likely to grant a divorce in the absence of one spouse unless that person has been given the opportunity to participate and they fail or refuse to do so without reasonable excuse. Where a person in prison is required to attend Court, arrangements can be made with the Police, Prison authorities and the courts to bring the prisoner to the court for the hearing and send him/her back to the cells after the hearing.
Hello
I’m Nana Kwame
I want annulment or cancelation of my marriage certificate.
I have been out of Ghana close to 4 years now and still have about 4 to 5 more years studying. I don’t want to keep her over waiting.
I suggested that she file’s for a divorce, but she didn’t agree but rather said I could file it if I wanted
I want to halt the marriage for now so she could be free. I really need to do this please
Kindly advise me on the possibilities about my decision.
To obtain a divorce in Ghana, You will have to file a Petition in the prescribed format at the appropriate 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. It is strongly advised that you engage the service of a lawyer to assist you in all legal matters.
Hi , my challenge is we got devoice by traditional rights but the court devoice was pending.8 months later I heard my woman got married to another man and later I asked her.she agreed and told me she did traditional wedding does why she didn’t need to go to court to nullify our court marriage .we have two kids who are currently with her. I want a closer to this issue and have access to the kids.what should I do please?
We cannot give legal advice on this platform without a consultation. We can help you to understand the law on any given subject. It is a criminal offence for a person who is already married under the ordinance to marry another person again. It doesn’t matter whether the second marriage is traditional or ordinance. It is punishable by imprisonment or fine or both. If there is a pending divorce, then the Court must finish dealing with the divorce before the parties can marry again.
Hi Lexis
Am Sam we have been married for 7 years with no child, and I went out to have a child which wasn’t intentional. I pleaded with her and later found out that she was then cheating right before I even had a child out of wedlock, still we have been looking for the fruit of the womb which is not coming. Now she’s asking for divorce and am suspecting she’s pregnant for another person. Will the court grant the divorce
But I don’t want the divorce. What do I do now
We cannot provide legal advice on this platform you will have to engage the services of a lawyer to obtain legal advice. We can help you to understand what the Ghana law says about any given topic. No person can be compelled to divorce, in the same way, the Court cannot compel a spouse to stay married. Most Courts will usually try to promote reconciliation of the parties but the court will not force the marriage on any spouse. If all attempts by the Court to reconcile the parties fail, then the divorce will be granted.
My daughter is an American who married a Ghanaian man. The man committed adultery and wanted a divorce after their 2 year anniversary. My daughter still loved the husband and wanted to make the marriage work. My daughter returned to the US soon after being told by the husband that he wanted a divorce. Two years had passed since my daughter left Ghana and she has just learned that her husband has remarried. She was never informed or notified of any divorce proceedings while in the US. A year ago while my daughter was still in the US, the husband told my daughter that he wanted to work on their marriage. How can he have remarried if my daughter never signed any documents regarding a divorce or was informed that a divorce was filed against her?
The answer to your situation depends on multiple factors. The Court is required to give notice of a pending Petition to all the parties involved. It is rare that a Court will grant a divorce without notice to one of the parties, this would mean that the Petitioner did not know or failed to disclose the location or address of the other spouse. If there is a divorce, then there is going to be a divorce certificate or some other verifiable evidence of divorce. With the divorce certificate you should be able to verify from the court if the divorce is genuine. If there is no divorce certificate or other verifiable evidence of divorce, then it means there was no divorce. It is a criminal offence to marry under the ordinance(white wedding) when one is already married to another person. This is punishable by fine imprisonment or both. It is the offence of Bigamy. However, customary/traditional marriages are polygamous so a man can marry multiple wives if they are all only customary/traditional marriages. Therefore there are several possible explanations but it will be impossible to determine exactly what it is without having a full legal consultation with your lawyer.
I have been married for 4 years going on 5 with no child. My wife exhibits traits of wanting to leave the marriage and I have caught her in compromising situations with an old flame of hers on 3 occasions. I want to know what I can do to protect my assets should she make a move for divorce. She refused to contribute to making these assets because she felt that I or my family will take them if the end of the marriage. She works and keeps her money for her use. I pay for all house services including cleaning and washing. I am afraid it will be unfair to pay alimony if she decides to walk away.
In most cases, Alimony is awarded to the wife. In the cases where alimony was not awarded to the woman, it is usually because she was the bread-winner and it was awarded to the man instead, or because she was extremely abusive, offensive and the cause of the breakdown of the marriage. It is very rare that the court will deny alimony to the woman. However, it is relatively easier to work towards obtaining a fair and reasonable alimony to be paid instead of an unreasonably higher amount.
Hello, please I need your help
A man who claims he has divorced his wife based on adultery and his wife returned his wedding and engagement ring and he has been single for two years and wants to marry me
How do I know he’s saying the truth and is there a proof of divorce in ghana
Thank you.
Hello RHoda, Thanks for reaching out to us. When the COurt grants a divorce, a Divorce Certificate/Order is issued to the parties. The Court can verify if the divorce certificate/order is genuine. If there is no divorce cert/order, then there is no divorce.
I appreciate you sharing this article post.Really thank you! Much obliged.
Hello, I would appreciate it if you could let me know what happens if both couples consent to mutually innitiate the process to dissolve their marriage after the wife leaves her marital home for ten(10) continuous months or more due to misunderstanding. The husband has had to solely bear all the financial responsibilities in the home with one child, and has been sending monthly allowance to the mother and child till date. The wife who was jobless is now employed in the same profession as the husband. Will the husband still pay alimony/compensation to the wife?
Hello Frank Owusu, Thanks for reaching out to us. We cannot give legal advice on this platform without a full legal consultation. However, we can help you understand what the law says about any given issue. We have replied by the e-mail you provided.
Hello, please, I am a Ghanaian school teacher. My marriage is two years, ten months now, and we have a two and half year old daughter. I and my wife had a misunderstanding and she left for her parents’ house as she has always done, but this time, she has been there for ten continuous months now and still counting. We has both expressed our determination to dissolve the marriage. She was jobless all these years until she recently got recruited into GES and posted to her station. She has our daughter whom I had to enroll in a school near her parents’ house where she was before her posting. I send them monthly allowance without fail or delay, I pay every expenses of the child, and occassionally spend weekends with our daughter. She tells me she cannot send the child to her station because there is no primary school nearby, so I suggested she releases the child to me to enroll her in a creche where I teach so I can take care of her, since I deem it not okay for the child to miss the attention of both parents at this tender age, and I assured her that she could come for her anytime she returns to her parents’s house for weekends, holidays of when she finally gets a school for her at, her station, instead of leaving her in the care of a third parties, her elder sister, who is a trader and goes to the market early at dawn and returns home late in the evening, plus her youger brother and their old father, but she has declined and she tells me she will never allow our daughter to come and stay with me. In addition to all the above, her family per my experience with them has very weak morals which I don’t want our daughter to be affected. Please, what can I do right to overturn what she says? Please help me with what I can do.
Hello Frank Owusu, Thanks for reaching out to us. We cannot give legal advice on this platform without a full legal consultation. However, we can help you understand what the law says about any given issue. We have replied by the e-mail you provided.
I petition the courts for divorce from my Ghanaian husband because of our many cultural differences. I’m American and don’t know the lifestyle. I was told I could give my sister power of attorney to sign documents for me, but it’s more than signing of papers. Pre-trial is approaching and I’m lost. Can I request the divorce be put on hold for awhile until things are sorted.
Hello Brenda, Thanks for reaching out to us. The Court may grant up to approximately one (1) month for a party in a case to put things in order. This may be granted subject to cost/compensation paid to the other side. The court may not likely grant an indefinite amount of time though.
Goodevening sir. Please , my name is Solomon Ayambire from Bolgatanga Upper East of Ghana. my wife left with my three daughters for almost 2 years now (11years, 7years and 4years)and serival attempts to reach her has failed. We did court wedding also but my wife told me she is no longer with me but I referred her to our marriage cert and she told me I shouldn’t rely on that cert to think that she is still my wife because the cert is invalid because it is not our biological parents who witness for us. Meanwhile, I also performed her marital rites traditionally (2 cows and 8 sheeps). Her father told me his daughter is no more my wife. I understand she want a divorce but I have no problem with her decision but i also want my kids to be with me . So what do I do sir?
Hello Solomon Ayambire, Thanks for reaching out to us. We cannot give legal advice on this platform without a full legal consultation. However, we can help you understand what the law says about any given issue. Only the Court of Law can grant a Divorce. One party cannot simply abandon a marriage and declare that the marriage is over. ANy attempt to re-marry without first going through Divorce proceedings constitutes a criminal offence of bigamy and is punishable by fine, imprisonment or both. A parent is entitled to have custody of their child. If one parent denies custody/access to the other parent, the one can apply to the Court for cusotdy or reasonable access and after hearing both sides, the court will take a decision. THe Courts usually grant custody or reasonable access to both parents unles it is shown that one parent is unfit or incapable of taking proper care of the child(ren).
Thank you for shedding light on the topic of automatic divorce in Canada. Your article is comprehensive and well-researched. It’s fascinating to learn about the legal aspects surrounding this issue, and you’ve provided valuable insights that will undoubtedly help many readers navigate through this complex process. For those seeking further information, I recommend checking out automatic divorce after long separation in Canada which delves deeper into the intricacies of this matter.
Can you look up a divorce that was granted in Ghana? Do they have vital records?
Hello Bernadette Washington, Thanks for reaching out to us. If we have any one (1) of the following information in addition to the Location of the Court where it was heard, we may be able to trace the case docket. 1. Names of the parties/title of the case 2. Case Number or Suit Number
Enjoyed every bit of your blog article.Thanks Again. Keep writing.
Please my younger sister and husband got separated for 2 years both families tried to sustain the marriage but was to no avail they dissolved the marriage a year ago and they have started their divorce process at court and they are at the point where the judge said they should bring evidence, witness etc but my sister just found out that she’s pregnant with another man please what will happen to my sister?
Hello Abigail Frimpong, Thanks for reaching out to us. The pregnancy may be considered as evidence of adultery and may affect the outcome of the divorce case. It will be difficult to predict how it will affect the Judgment. You need to consult with your lawyer.
Child custody battles can be heart-wrenching. It’s crucial to prioritize the best interests of the children and work towards a solution that fosters a healthy co-parenting relationship.
Hello Kelton Pfeffer, Thanks for reaching out. That is absolutely true and crucial for every divorcing parent to understand and grasp.
Hello. I’m a Ghanaian who’s married to an American. We did the marriage here in Ghana. How can I file for a divorce while she’s the one having the marriage certificate in the State. Can she file for a divorce without me been in USA? Also after the divorce. Can I file for personal
Injury from Ghana?
Hello Nana Kwasi, Thanks for reaching out to us. The Ghana law will recognize a Divorce Judgment/Order for the US if it is obtained in accordance with the US law. SO you may obtain the divorce from the US or from Ghana. If the US law will allow a divorce to be heard in your absence or through vide conferencing, then yes she may be able to obtain a divorce in the US without you. The Ghana law allows for a suit to be commenced against a person who lives abroad although the rules for service of such processes are not the same as that for serving Ghanaian residents.
Automatic divorce after long separation in Canada covers everything you need to know about this topic, so be sure to check it out.
Hello Arthur Dest, Thanks for your comment and thanks for sharing. Maybe we can collaborate in future if you have Ghanaian cients.
After how many months can you remarry after a divorce in Ghana?
Hello Maame Afia, Thanks for reaching out to us. There is no legal limitation on time to wait before remarrying after divorce. A remarriage can take place on the same date that the divorce order is given. However, socially it may be frowned upon if remarriage is too soon after divorce.
Thank you for this insightful post. I am barely married for two years, but want the marriage annulled as it seems I am in competition with other men. There is suspicion of adultery but I can’t prove it, as everything I have his her own messages with her friend. But she has been with the men even after our marriage, so it’s logical for me to conclude same.
My questions are, since you’ve said it can take a minimum of 6 months to get the annulments:
1. If both family have agreed to break the marriage traditionally, can I the man move on and remarry while the case is still in court? What’s the place of the traditional marriage/ family is annulling a marriage. Because we did have a traditional marriage too, and my head of family gas agreed that I can break it if I want to.
2. She’s pregnant, Andi am skeptical if it’s mine. Will the court also ask for a DNA testing to be done ?
Additional info: she has disagreed with me on seeing a non-church counselor. Even after the church counseling, she refused to apologize.
Hello John Asamoah, Thanks for reaching out to us. Ordinance Marriage can only be dissolved by the COurt. It is a criminal offence to re-marry whilst a prior ordinance marriage is still subsisting. A party in a divorce case where there are children may apply to the COurt for a Paternity test.
Hi my niece’s mother and my brother were in a relationship that did not work so my brother supports the child on monthly basis, the mother however started a new relationship with a new guy and they had a baby . Unfortunately the relationships didn’t work out and in both instances, she cohabitated with the guys .
Now both guys have contributed and rented a place for her but the father of the second baby wants to know the location of the house and she refused because of some curses and violent words he used on her .
He has now summoned her on this . Please confirm if the guy has the right to know where the house is or not as she is willing to meet him halfway with the baby when he wants to see her
Hello Carine, Thanks for reaching out to us. In Ghana ‘the best interest of the child’ is always the primary consideration in all issues that involve children. The biological parent of a child has a right to custody or reasonable access to that child. This means a biological parent has the right to know where their child is living and the conditions of life. If the right of the parent to access that child is in conflict with the best interest of the child, for reasons such as abuse or physical danger to the child, then that parent may not be granted custody or access.
Thank you so much. Please since most Pastors go by the Biblical principle of no divorce, will a pastor be held responsible if a couple that wedded in his church decided to divorce but He counsel them not to divorce? If the couple go to court and the pastor refuse to attend the court meeting because he does not want to be part of the divorce process, will the court count him or her for contempt?
Hello Rev. Joseph Badzi, Thanks for reaching out to us. The Courts of Ghana always promote reconciliation. I am not aware of any law that will hold a person in the role of a mediator or counsellor legally/criminally liable just for promoting the reconciliation of a marriage. If there was no Counselling malpractice or a breach of the counselling standards or principles in Ghana then I do not think there will be any legal liability. A party in a case can request a person to be a witness in the case but cannot compel the person if they refuse. However, the Court/the Judge can compel any person to attend Court as a witness by serving the person with a subpoena. If the subpoena is ignored the Court may cause the arrest of the witness to be brought to the Court. Even though the Court can compel the attendance of a witness in Court, the Court however cannot compel a witness to speak or give evidence on a subject. The witness can simply refuse to speak on the issue.
Hello, pls am a Ghanaian married to a German in Ghana and we hv almost 7 months old baby my husband has caused Adultery, he doesn’t support me financially both me and our baby. I reported him to de social welfare, which he was called but he is telling me if I can’t give him sex has he wants then he can’t work to get money to take care of me or the baby bcos without sex he can’t work. Am fedup with the kind of treatment he is giving me in my own country, so I told the social welfare to give me a letter for divorce and when we got home the next day he has packed all his important things with his suitcase and left some clothes for almost two weeks now…. Pls I want to know how long this this kind of case take me to be divorced and be free?
Hello Ivy, Thanks for reaching out to us. To commence divorce proceedings in Ghana, you will have to file a Petition and serve your spouse, then receive an Answer from your spouse. You may file a Reply to the Answer. After this, the Court will give a date for the hearing where you and your spouse will be given the chance to present your evidence and call witnesses. If the Court is convinced that the marriage has broken down beyond reconciliation, the divorce will be granted. The Court may make Orders for Alimony/Financial Provision, Regular Maintenance, Custody, Marital Property Sharing and any other relevant issue. The process can take a minimum of about six (6) months for a non-contentious divorce and several years for a contentious one. There are two types of costs involved, 1. Court Fees- These are fess paid for the filing of documents, evidence etc in Court. 2. Legal Fees – GHS5000 to GHS90,000 – The lawyer will charge in accordance with the 2022 Ghana Bar Association scale of fees. It is negotiable and will depend on the nature of the divorce.
I am a European citizen and I plan to marry a Ghanaian lady, will this make me entitled to full Ghanaian citizenship? And if so, how long will it take for me to get the Ghana citizenship? also, Will I be able to retain my original European citizenship? Thanks.
Hello Mutan,
Thanks for reaching out to us. The 1992 constitution of Ghana permits a person who marries a Ghanaian Citizen to also become a citizen. The spouse will have to apply and fill a form before it is granted by the Ghana government. There is a registration fee to be paid. The Ghana law also allows for dual citizenship. Except that a person who holds dual citizenship of Ghana and another country cannot occupy certain public offices.
I am a European citizen and I am planning to marry a Ghanaian lady and live in Ghana but I am afraid that if we get divorced, let’s say after a short period of marriage, she will be compensated with half of my property and funds. ¿Can this happen? and if so ¿how can I prevent this to happen? Thanks in advance.
Hello Mutan,
Thanks for reaching out to us. In Ghana for a spouse to be entitled to martial property, the spouse claiming must prove that the property was acquired during the marriage and also that they contributed towards the acquisition. Property acquired during the marriage will be shared in accordance with the ratio of contribution towards the acquisition. Usually, after a divorce, the man is ordered to pay financial support/alimony to the woman, he will also provide financial support for the children, if any, until they reach 18years, and the biological parents of the children will share custody and reasonable access to them, marital property will be shared according to the contribution towards acquisition, and other similar orders may be made as well.
Hi, I’ve been married to my wife for 4 years NOW.
I decided we relocate to a different town due to hardship. She agreed but later changed her mind that she won’t go.
Her family also insisted they won’t allow me relocate with my wife and kids to nowhere, meanwhile there are aware about my situation.
She ran away with my two kids when I left for town and when I called her she told me thee no need for me to know where she is with my kids.
After reporting her to her dad, he called me the next day that they wont allow me to relocate to nowhere with their daughter so I should allow their daughter to come and pack some of her stuffs including the kids own to go and live with her sister so that they determine exactly where their daughter will live.
I called him back and told him our rent is due so if he says his daughter should come and pack her stuffs then she should come and pack all so that I hand over the keys to the landlord to avoid further rent charges because I arranged to relocate with daughter that we shall relocate when our rent is due and the new place was already ready.
My wife came, pack her stuffs without informing me where she was going.
I took the issue to social welfare and was to be told not to go to where she lives but I can go to where the kids schools if I want to see them.
I provide for the kids as ordered by the social welfare department.
Now my wife and her dad are now accusing me of marrying another woman at my new location which is a false allegation.
When I questioned her about that she told me she has also found a man and this is against our
tradition for a married woman to say so to her legally married husband.
Please,
1. Was it right for her family to allow her to pack out of her matrimonial home without proper negotiations whereby there wasn’t any abuse?
2. Is it right for legal wife to live elsewhere without the approval of her husband and also not
knowing where she lives with the Mans children?
3. It it legal to have access to my kid on holidays when he is on vacation and also have his custody when he is 6years per our tradition?
4. Will the law hold me if I refuse to take her back
on the statement that she made that she has found another man which is against our tradition and also charge them of false allegation that am married to another woman which isn’t true?
5. Can my family also sue her family for their failure to disclose their decisions for proper dialoguing?
In all how will the law handle this case.
Thank you.
Hello Delsey, Thanks for reaching out to us. We have responded via the e-mail address you provided.
Bro, similar problem ooo. Please I need your contact to share ideas bro
Hi
A couple, with two kids, had some misunderstandings and the husband invited several pastors and counsellors to help them resolve their differences and all proved futile. The wife later told her husband she’s got admission to pursue second degree abroad. Although her husband suspected her due to some behaviours she exhibits but agreed to her request. After two months of living abroad the husband asked his wife about the school and she told him she didn’t travel because of school and that she’s there to live with her life. During conversations the wife tells the husband to divorce her if he cannot wait for her till whichever years she’ll return. Later she told her husband that if he thinks she will come back to live Ghana then he must be joking.
After five years of living abroad the wife called the husband that her family would return the dowry for her marriage including her ring whether the man likes it or not. However, she refused to proceed to court and abandoned the husband. She’s been verbally abusing her husband and telling him to proceed to court for divorce. This happened most times during their conversations.
She returned for Christmas last December and the husband discussed the divorce process with her about two initiating it and she indicated she’s not ready with money for court yet. However, the husband noticed her trying to leave for abroad without proceeding to court. She told her husband to go to court because any of them can proceed. So the husband fearing another five years travel of his wife for filed for a divorce petition. Initially the woman prayed the court grants custody to husband since she doesn’t live in Ghana and the court should grant her unfettered access. However she later amended her response claiming she’s coming to stay in Ghana and now an alimony. The husband suspects she only want to be granted access so that she can have the kids live with her grandma whiles she travels back abroad to o continue her life. The court has not granted the divorce petition but she’s suspected to be living with a man she came with from abroad. Every weekend she sends her sister to pick up the kids from her husband’s place but she doesn’t live with them. She goes to stay with her new guy and return on Sunday afternoon to see the kids off. It is clear she doesn’t have time for the kids and that she’s enjoying her life with her new man. The husband has been taking care of kids since she left for abroad; pays their school fees, medicals, uniforms, clothes etc. Few occasions she sends them provisions items and few clothes.
Will the court grant her request for custody and alimony? The husband is seeking for custody of the kids. He says he doesn’t trust the new man who he has seen before when wife came to pick up her belongings from his house to take good care of his kids.
Please, what is the position of the law in this case?
With your question, you need to engage a lawyer for a consultation.
A friend and his lady (both Ghanaians) who both reside in UK came to Ghana to get married. But when they went back to the UK, the marriage didn’t work out and so they have both gone their separate ways. Now the man wants to come to Ghana to start the divorce process but does not know how to go about it? Does a he need a lawyer? How long would it take? How much cost is involved? And it is most likely the lady would not be interested in showing up but her relatives live in Ghana here. so what can he do in such an instance?
Hello Bel, The Ghana law allows for a person who is outside the jurisdiction to be sued from Ghana, or where the respondent’s address is unknown, there are processes that can be used to serve Court processes in such situations. A person has the right to conduct their own case without a lawyer, however, it is strongly advised that one engages a lawyer for all legal actions. Divorce proceedings may take anywhere from a minimum of 6 months to several years, depending on multiple factors. mostly, a contentious divorce is likely to take longer time to conclude than a less contentious one.
I am in a similar situation but based in the Uk I also don’t want to lay a claim and I have been separated for a year and half now. I want to file for a divorce, but can’t be in Ghana due to work. Is it possible as I learnt I have to wait for two years.
Hello Princella,
A lawful representative in Ghana may be authorized to initiate and pursue a case in COurt in Ghana on behalf of someone who is unable to do so physically/personally. If a marriage is less than two (2) years old, then it can only be dissolved if the Petitioner can show that they have suffered substantial hardship or depravity.
Hi my Danny, l just registered my marriage last month and after dis court marriage ,the woman behaviour has change and feels like she’s the man ,for me l want to file for a devoice
Hello Daniel,
Thanks for reaching out to us.
In Ghana the Court will only entertain a petition for divorce after at least 2 years of marriage. If a person wants a divorce within the two (2) years, then they have to show substantial hardship or depravity.
Pls Daniel am married for a decade n suffering from abusive marriage n want to file for divorce
To obtain a divorce in Ghana, You will have to file a Petition in the prescribed format at the appropriate 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. It is strongly advised that you engage the service of a lawyer to assist you in all legal matters.
I own a Limited Liability Company together with my wife.
We are both shareholders (I have 80% shares whiles she has 20%) and directors of the company. During a divorce proceedings, how will the court handle the company??
Hello Franklin,
Since the shareholding is already divided and determined by the Couple, the court may not disturb it.
The Court will only come in if only one spouse had shares in the company.
Even then, the other spouse would have to prove the partner’s shares in the company are marital property.
Hi Lexis GH
Thanks for sharing this.
Prior to the decision by a court on custody of a child, what is the status of the child’s custody if the couple separates before initiating legal proceedings?
Does the child remain with the mother or the father? Are there any conventions to guide this phase of separation?
Hello MR. Kyei Baffour,
Thanks for reaching out to us. Where there is no Order from a Court, the parties will have to make their own arrangements on custody. Some couples are able to agree amicably on terms for the separation which may include arrangements for Custody. In some cases, young children stay with their mother and the father has visitation rights. Older kids may stay with either parent and the other parent will have them for weekends and school holidays. Young Adult children may be given the choice to move freely between either parent. Other couples are unable to agree on terms. This means one parent forcefully takes custody and denies the other parent. In such cases, the Court will have to decide for them. It is possible to go to Court for an order for only Custody without including a claim for Divorce. With the exception of cases where one parent is abusive or poses a danger to the children, the Court will usually give both parents fair and reasonable custody or access to the children.
Hello, I am Nigerian and so is my husband. He works in ghana as an expatriate so we are residents here. However, I want to file for a divorce, can I do that here or I have to go back to Nigeria, plus I do not work and no income in ghana, can my case be a pro bona or is there a public defender office that I can access?
Hello Abe Dowu,
Thanks for reaching out to us. The Ghanaian Courts will recognize a foreign divorce, but it must be a legally valid divorce under the law of the foreign country. There is a Legal Aid Office in almost every region in Ghana. They help those who cannot afford legal services to pursue legal actions
Hello Mr LexisGh,
My name is Hopewell from Jamaica, living in the Eastern region of Ghana.
I married a Ghanaian over 2 years now, unfortunately I had to filed for divorce. She did not come to court for the last 3 court date. She illegally aquired documents, and sold the 3 plots of land I bought.
I am going back to court on April 28 2024 for the judge ruling. My question is, what should I expect.
Thanks for your response.
Hello Hopewell Marrah,
Thanks for reaching out to us. We have responded to your question by the e-mail you provided. I recommend that you engage a lawyer to assist you with all legal actions.
Pls my husband and her sisters packed my things out of my matrimonial room to a corridor without my consent.when I returned from a trip,I saw my stuff out so I decided to pack out with my kid. I have been living alone for 2 yrs now. Now I want to divorce my husband but I don’t want any compensation or anything from him.so how fast would that take for the court to grant me a divorce. Best Regards Dr Adwoa.
Hello Adwoa,
Thanks for reaching out to us. The Matrimonial causes act allows for a divorce if the parties have not lived together as husband and wife for a continuous period of six (6) months.
A Petition for divorce for only a dissolution of marriage with no other claim may take a minimum of 6 to 8 months to complete if the opponent does not contest the claim. However, if the opponent contests the claim with custody or property settlement, then it may take longer.
Please want the best way to file for divorce since I have being staying away from my husband for about 3years now. All efforts to mend the relationship proves futile since he will nit attend any meeting he is been invited. He owes me any amount that he agreed to pay for a years he is not ready to do that
Hello Ekua Acquah,
Thanks for reaching out to us. We have responded to your question privately by e-mail. A divorce is commenced by filing a Petition at the Court. The other spouse will respond with an Answer, 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 Court may make Orders on custody, alimony, property settlement 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.
I am in a similar situation but based in the Uk I also don’t want to lay a claim and I have been separated for a year and half now. I want to file for a divorce, but can’t be in Ghana due to work. Is it possible as I learnt I have to wait for two years.
Hello Princella,
A lawful representative in Ghana may be authorized to initiate and pursue a case in COurt in Ghana on behalf of someone who is unable to do so physically/personally. If a marriage is less than two (2) years old, then it can only be dissolved if the Petitioner can show that they have suffered substantial hardship or depravity.
So assuming i am travelling out of the country for studies and will spend 3 years. Will the court still go ahead to grant divorce in my absence or wait till i come.
Hello Mr. Adu Kwame,
Thanks for reaching out to us. If a person who has been given notice of Court proceedings refuses to participate in the proceedings, the Court will go ahead to hear the case and give its judgment in their absence, the COurt will rely on the statements, evidence and documents that are provided by the opponent.
It is possible to have a legal representative(friend or relative) act on behalf of a party in a case. The Civil Procedure also allows for hearings to be had through zoom, skype and other video call services.
How Are You
It’s hard to find experienced people on this subject, but you sound like you know what you’re talking about! Thanks
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Best Regards
How do I legally divorce a man from Ghana?
I am American
Hello Jani Apotey,
Thanks for reaching out to us. We have responded to your question by the email you provided.
Generally speaking, a legal representative in Ghana may act on behalf of a person outside Ghana through a Power of Attorney.
The law of the place where the marriage was contracted will determine the procedure to be used for divorce. A marriage contracted under American Law will require a divorce in accordance with American law. The Ghana law will recognize a Divorce Decree/Order from a foreign Court if it is valid and in accordance with the divorce law of that foreign Court.
Hello I would like to know more information about this please
Hello Latesha,
What more information may we help you with?
Hello,
Im married for almost 12yrs now with 3 kids. I’m emotionally, psychologically and mentally stress about this marriage which is affecting my health and I want to end this marriage. There havebeen so much issues within this period which we’ve tried to solve but to no avail.
The family doesn’t want the divorce but it’s affecting my health daily as said earlier and want to quit. What’s the best option for me. Is ordinance marriage.
Hello Nana Aboagye, Thanks for reaching out to us. You may need to see a counsellor or a lawyer to help you determine the best option for you. We can only explain what the law says about any given subject. The Law will grant a divorce if the Petitioner is able to show that the marriage has broken down beyond reconciliation. The law will not force a broken marriage to continue. However, the law will also not dissolve a marriage because it is ‘difficult’ for the parties. Once the Petitioner shows that marriage is broken down, the court will grant the divorce.
Hello sir. please I want to talk to you privately
Hello Kwame, thanks for reaching out to us. You may reach out on our ‘Contact Us’ form on the about us page or through the whatsapp button on our mobile page.
Hello I’m an American woman who traveled to Ghana to marry an Ghanaian man and he seems to a fraud and I need my marriage to get annulled. Can you please tell me what to do.
Dear Juanita, Thanks for reaching out to us. To obtain a divorce or annulment, 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 or annulment as the case may be. 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 case to a maximum of several years for a contentious one. We cannot give legal advice via this platform, we can only tell you the position of the law. We have reache dout to you by email.
Good day sar please wanted to know if your partner can use your chat with someone against you as basis of divorce
Yes, chat logs may be used as evidence in any kind of court case. If the chat logs support the case that the person is making. So if a person is making a case for adultery, then the chat logs may support that. Or if the person is making a case of threat of harm or threat of death, then the chat logs may support that.
Please can Alimony be awarded to the wife even if she is the one who doesn’t want the marriage . Please what happen if you are financially broke what happen if you couldn’t get the Alimony
In almost all cases, Financial Provision is paid to the wife after a divorce. The court will look at the number of years married, if the wife has given the husband any children, also, the help, assistance or contribution that the wife has made etc.,. The Court will also take into consideration the earning capacity and financial responsibility before deciding the value of the Alimony. So a rich doctor will pay more Alimony than a poor farmer.