Dissolving a marriage is a major legal step with lasting personal and financial consequences. In Ghana, the process is strictly regulated by law, with specific rules on who can apply, the acceptable grounds, and the procedures to follow.
This guide outlines the legal framework in clear terms for general understanding. It is not a substitute for professional legal advice.
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Legal Framework Governing Divorce
Divorce proceedings in Ghana are mainly regulated by the Matrimonial Causes Act, 1971. Court processes are further guided by the High Court Civil Procedure Rules, 2004. Together, these laws set out how divorce cases are initiated, heard, and determined.
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Forms of Marriage and How They Are Dissolved
The procedure for divorce depends on the type of marriage involved.
Ordinance (Court) Marriage
Marriages conducted and registered under the Marriage Ordinance (Cap 127) must be formally ended by a court. This requires filing a petition, serving notice on the other spouse, presenting supporting evidence, and obtaining a judicial order.
Customary Marriage
Customary unions are typically dissolved through family intervention and traditional processes. However, if the marriage was officially registered, the dissolution must comply with Section 6 of the Marriages Act. For unregistered customary marriages, traditional norms may apply.
Islamic Marriage
Divorces conducted under Islamic law must be officially registered within one month after the divorce is completed. This requirement is provided under Sections 25 and 26 of the Marriages Act. Such divorces may also be recognised under Section 41(3) of the Matrimonial Causes Act.
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Who Is Eligible to File?
Either spouse has the right to petition for divorce. Ghanaian courts may hear the case if at least one of the following applies:
One party is a Ghanaian citizen
One party is legally domiciled in Ghana
One party has lived in Ghana continuously for at least three years before filing
Foreign nationals can file in Ghana provided these jurisdictional conditions are satisfied.
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The Sole Ground for Divorce
Under Ghanaian law, there is only one legal basis for divorce: irretrievable breakdown of the marriage. Even if both spouses agree to separate, the court must be convinced that reconciliation is no longer reasonably possible.
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Facts That Must Be Established
To prove irretrievable breakdown, the petitioner must demonstrate at least one of the following:
Adultery that makes continued cohabitation intolerable
Unreasonable behaviour
Desertion for a minimum of two continuous years
Separation for two years with the other spouse’s consent
Separation for five years, regardless of consent
Without proving one of these facts, a divorce will not be granted.
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Time Limit Before Filing
Generally, a petition cannot be filed within the first two years of marriage. However, the court may allow an earlier application if there is evidence of severe hardship or extreme misconduct.
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Courts That Handle Divorce Cases
Divorce matters may be filed in the District Court, Circuit Court, or High Court. The appropriate forum often depends on whether there are related claims, such as division of property or financial maintenance.
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Step-by-Step Procedure for Ordinance Marriage
For marriages contracted under the Ordinance, the process typically follows these stages:
Step 1: Filing the Petition
The applicant files a petition outlining the grounds for divorce and any additional claims, such as custody or property division. Court filing fees must be paid.
Step 2: Service of Documents
The court ensures the petition is personally served on the respondent through a bailiff.
Step 3: Entry of Appearance
The respondent has eight days to formally acknowledge receipt of the petition.
Step 4: Filing a Response
Within fourteen days, the respondent may file an answer to the allegations.
Step 5: Reply (If Necessary)
The petitioner may respond to the answer within fourteen days.
Step 6: Close of Pleadings
Pleadings close eight days after the reply deadline expires.
Step 7: Application for Trial Date
Within fourteen days of the close of pleadings, the petitioner must request that the case be scheduled for hearing.
Step 8: Hearing
Both parties present evidence and may call witnesses. These hearings are usually conducted privately in chambers.
Step 9: Judgment
If the court is satisfied that the marriage has broken down irreparably, it issues a divorce order.
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Additional Orders the Court May Make
Beyond dissolving the marriage, the court can make several related orders:
Division of Property
Under Article 22(3) of the 1992 Constitution, marital property must be shared equitably. Courts often apply the principle that equality generally amounts to fairness.
Child Custody and Support
The welfare of the child is the primary consideration. The court may determine custody arrangements and financial support obligations.
Spousal Maintenance
Maintenance decisions are based on income levels, earning capacity, financial responsibilities, and the needs of any children involved.
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How Long the Process Takes
An uncontested divorce may conclude in approximately six months. However, where there are disputes over property, maintenance, or custody, proceedings may extend for several years.
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Legal Costs
According to the Ghana Bar Association’s 2022 Scale of Legal Fees, professional charges generally range between GHS 30,000 and GHS 90,000. If financial assets or alimony are disputed, lawyers may charge between 10% and 20% of the value involved or apply hourly billing. Court filing fees are paid separately.
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Is Legal Representation Necessary?
Although individuals may represent themselves, engaging a lawyer is strongly recommended — particularly where children, property, or maintenance issues are involved. Legal counsel helps ensure procedural compliance and protects your rights.
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Documents Required Before Filing
Before initiating proceedings, prepare the following:
Original marriage certificate
Children’s birth certificates
Evidence supporting the stated grounds for divorce
Documentation of jointly owned property
Records of mediation or counselling attempts, if applicable
Divorce carries both emotional and legal consequences. Understanding the legal requirements and procedures under Ghanaian law allows individuals to navigate the process with clarity and preparedness.
credit: pulse.gh.com