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.
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 reconciliation. 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 Reconciliation. 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 necessarily 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 continuous 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 withheld, 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 Reconciliation
The Petitioner must satisfy the Court that several attempts at reconciliation 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 after the 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 nannies 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 responsibilities 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 their 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.
258 responses
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.