Divorce in Ghana: the legal process

Divorce is governed by the Matrimonial Causes Act, 1971 (Act 367). The only ground for divorce is that the marriage has broken down beyond reconciliation.

Proving breakdown

The petitioner must prove one or more of the facts set out in the Act, including:

• adultery by the other spouse, which the petitioner finds intolerable;
• behaviour that the petitioner cannot reasonably be expected to live with;
• desertion for at least two years;
• living apart for at least two years, where the other spouse consents to the divorce;
• living apart for at least five years;
• irreconcilable differences after diligent attempts at reconciliation.

Reconciliation first

The court must consider whether there is a reasonable possibility of reconciliation, and may adjourn to allow it.

Children and property

The court can make orders on custody, access and maintenance of children, and on financial provision and property. Ghanaian courts have increasingly shared property acquired during the marriage between the spouses.

Sources

1. Matrimonial Causes Act, 1971 (Act 367)
2. Constitution of the Republic of Ghana, 1992, article 22 (property rights of spouses)
3. GhaLII, Ghana Legal Information Institute (texts of Ghanaian statutes and judgments)

This article is general information about Ghanaian law, not legal advice. Speak to a lawyer about your own situation.