January 2025
Divorce in Ghana: What You Need to Know Before Filing
Divorce in Ghana is more common than people think and more complex than many expect. Whether you’re facing marital breakdown or simply curious about your legal options, it’s important to understand how divorce works under Ghanaian law.
This article answers the most frequently asked questions about divorce in Ghana, from how to start the process to how long it takes, and what you’re entitled to at the end of it.
What Law Governs Divorce in Ghana?
The key law that regulates divorce in Ghana is the Matrimonial Causes Act, 1971 (Act 367). This Act applies to both civil and customary marriages, although the process and grounds may differ depending on the type of marriage.
What Are the Types of Divorce in Ghana?
There are two primary types:
Customary Divorce – for marriages performed under customary law. The couple’s families usually play a major role in mediating and dissolving the union.
Ordinance (Court) Divorce – for marriages registered under the Marriage Ordinance (cap 127). This type must be formally dissolved by a court.
How Do You Start a Divorce in Ghana?
To file for divorce in Ghana under the Ordinance, you must petition the High Court or Circuit Court. The person filing is called the Petitioner, and the other spouse is the Respondent. Your lawyer will file a petition for dissolution of marriage, stating your grounds for divorce and any reliefs you’re seeking (custody, alimony, property settlement, etc.).
What Are Acceptable Grounds for Divorce in Ghana?
Ghana law allows only one legal ground for divorce: that the marriage has broken down beyond reconciliation. However, you must prove this by showing at least one of the following facts:
Adultery
Unreasonable behavior
Desertion for two years or more
Separation for two years (with consent) or five years (without consent)
Failure to consummate the marriage
Cruelty or abuse
Irretrievable breakdown due to other valid reasons
How Long Does Divorce Take in Ghana?
The divorce process in Ghana typically takes 4 months to 2 years, depending on:
Whether the divorce is contested or uncontested
The court’s schedule
The number of reliefs being sought (e.g. custody, property, alimony)
If both parties agree on everything, the process is faster.
Do You Need a Lawyer for Divorce in Ghana?
It is strongly recommended to hire a lawyer for divorce in Ghana. A good family lawyer will:
Help you draft the correct court documents
Guide you on your rights to property, custody, or maintenance
Represent you during court hearings
Protect you from being shortchanged
What Happens to Children in a Divorce?
The court will consider the best interests of the child in custody and maintenance decisions. Joint custody is possible, and either parent may be awarded primary custody, with the other granted visitation rights.
How Is Property Shared After Divorce in Ghana?
Ghanaian courts consider contributions made by both spouses, whether financial or non-financial (e.g. taking care of the home). There is no automatic 50-50 rule but fairness is key.
Can a Foreigner Divorce a Ghanaian Spouse in Ghana?
Yes. If the marriage took place in Ghana, or one of the parties resides in Ghana, the courts can assume jurisdiction over the divorce.
Key Things to Note Before Filing for Divorce in Ghana
Try marriage counseling first; the court may ask if you’ve made attempts to reconcile
Gather all relevant documents (marriage certificate, children’s birth certificates, proof of adultery or desertion, etc.)
Be mentally and emotionally prepared—it can be a draining process
Discuss your goals with a lawyer before starting the process
Let Us Help You Through It: At Amoako Adjei Law Consult, our family law team has helped many clients navigate the sensitive and complex process of divorce in Ghana. We’ll guide you every step of the way with professionalism and discretion.
Contact us today to schedule a confidential consultation.