The legal framework
Divorce is governed by the Matrimonial Causes Act 1971, under which the sole ground is that the marriage has broken down beyond reconciliation. Customary marriages are dissolved according to custom, and the courts have developed an equitable approach to jointly acquired property.
Key points
| Ground | Breakdown beyond reconciliation, evidenced by specified facts |
|---|---|
| Two-year bar | Petitions generally not before two years of marriage |
| Property | Courts apply an equitable jointly-acquired-property approach |
| Customary divorce | Performed according to custom, with family involvement |
| Maintenance | Financial provision and settlement of property available |
| Sole ground | Breakdown beyond reconciliation, proved by one of several facts |
| Substantial contribution | The courts have moved towards equality in matrimonial property |
In practice
- File in the High Court or family division with jurisdiction over your marriage type.
- Financial disclosure is essential: property outcomes turn on documented contributions.
- Where the marriage was customary or religious, check first whether it was registered — registration determines which court can dissolve it.
- Mediation and family counselling are available and often faster than contested litigation.
- Document a customary divorce in writing with the families present, and register it.
- Keep evidence of contribution to any property acquired during the marriage.
Cost and coverage
Court fees are moderate; legal aid and law school clinics assist those who cannot pay.
Recent changes
Across these jurisdictions the clearest trend is judicial recognition of non-financial contribution — domestic work and childcare — when dividing property.
Where to go
- High Court family division or equivalent.
- Legal aid schemes and university law clinics.
- Women's rights organisations, which often provide representation in property disputes.
Worth knowing
An unregistered customary or religious marriage can be very hard to dissolve, and even harder to found a property claim on. Registration is the step that converts a social fact into enforceable rights. Ghanaian courts now lean towards equal sharing of property acquired during the marriage, whichever spouse paid. Older advice to the contrary is out of date.
Official sources and links
- Ghana.gov — official government portal