Family law and divorce are important aspects of the Ghanaian legal profession that affect a lot of people and families. Anyone going through a family conflict or thinking about separation has to understand the legal ramifications of divorce, child custody, and other family-related issues. The legal procedure, reasons for divorce, child custody concerns, and other important facets of Ghanaian divorce and family law will all be covered in this extensive reference.
Understanding Divorce & Family Law in Ghana
A variety of legal matters pertaining to marriage, separation, and child custody are covered under Ghanaian divorce and family law. The Marriages Act, 1884 (Act 127), the Divorce and Matrimonial Causes Act, 1971 (Act 367), and customary law—which differs among Ghana’s ethnic groups—are the main sources of the legal framework that governs family matters in the country. Depending on the nature of marriage, Ghanaian divorce laws might be either statutory or customary..
Types of Marriage in Ghana
Before exploring divorce in detail, it is crucial to understand the different types of marriages recognized under Ghanaian law:
- Statutory Marriage: This marriage is formalized by the Marriage Act and is recognized by the state. It requires registration and is generally monogamous.
- Customary Marriage: This is the traditional form of marriage, commonly practiced among various ethnic groups in Ghana. It involves a dowry or bride price and is governed by customs rather than statutory law.
- Mohammedan Marriage: A marriage between Muslim parties in Ghana, recognized under Islamic law.
Each type of marriage has its distinct legal implications, particularly when it comes to divorce proceedings.
Grounds for Divorce in Ghana
Divorce can be initiated for several reasons, and Ghanaian law provides specific grounds for the dissolution of a marriage. Under Act 367 (Divorce and Matrimonial Causes Act, 1971), the following grounds for divorce apply:
- Adultery: If one spouse has committed adultery, the other spouse may file for divorce. Adultery is defined as sexual relations with someone other than the spouse.
- Cruelty: If a spouse subjects the other to physical or emotional abuse, it may be grounds for divorce. Cruelty includes violence, verbal abuse, and neglect.
- Desertion: If one spouse deserts the other for a continuous period of at least two years without the consent of the other spouse, it can be a valid ground for divorce.
- Incompatibility: If the marriage has broken down irretrievably due to a fundamental incompatibility of the spouses, this can be a reason for divorce.
- Impotence: If one spouse is unable to engage in sexual relations due to impotence and this is not resolved, divorce may be granted.
- Failure to Perform Marital Duties: If one spouse fails to perform their marital obligations, including the financial upkeep of the family or failing to live together as husband and wife, this may be grounds for divorce.
The Divorce Process in Ghana
The divorce process in Ghana generally follows a series of legal steps. Here is a breakdown of how a typical divorce case proceeds:
- Filing for Divorce: The first step in the divorce process is for one spouse to file a petition for divorce with the High Court. The petition must outline the grounds for the divorce, along with supporting evidence, and be signed by the petitioner.
- Serving the Petition: Once the petition is filed, the other spouse is served with a copy of the petition. The defendant (the spouse being sued for divorce) must respond to the petition within a specified period.
- Mediation and Reconciliation: Before proceeding with the case, the court may encourage both spouses to attend mediation sessions. The goal is to attempt reconciliation and resolve the issues amicably. If reconciliation fails, the court proceeds with the hearing.
- Court Hearing: If the case proceeds to a hearing, both parties will present their evidence, including testimonies and documents, to support their claims. The court will then make a judgment based on the evidence provided.
- Decree Absolute: If the court grants the divorce, it issues a decree nisi, which is a provisional order for divorce. After a certain period, if no objections are raised, the court issues a decree absolute, officially dissolving the marriage.
- Post-Divorce Matters: After the divorce, issues such as the division of property, spousal support, and child custody may need to be resolved. The court may make orders regarding the care of children, alimony, or division of assets based on the marriage’s duration and the circumstances of the divorce.
Child Custody and Support in Ghana
One of the most contentious issues in a divorce is child custody. Ghanaian law prioritizes the best interests of the child in custody arrangements. The court will determine custody based on various factors, including the child’s age, the parents’ ability to provide for the child, and the child’s relationship with each parent.
- Custody Types:
- Sole Custody: One parent is given full responsibility for the child’s upbringing and decision-making.
- Joint Custody: Both parents share the responsibility of raising the child and making significant decisions regarding their life.
- Access Rights: Even if one parent does not have custody, they may be granted access rights to spend time with the child.
- Child Support: The non-custodial parent is usually required to provide financial support for the child’s upbringing. This includes paying for the child’s education, medical expenses, and general living costs.
Alimony and Spousal Support
In Ghana, the spouse who needs more money after a divorce may be granted spousal support, commonly referred to as alimony. When calculating spousal support, the court takes into account the length of the marriage, the standard of living during that time, and the financial situation of both spouses. The court has discretion over whether to award alimony, and it is not always given.
Impact of Customary Law on Divorce
Divorce proceedings are heavily influenced by customary law, particularly when it comes to customary marriages. In contrast to formal court proceedings under statutory law, divorce under customary law usually entails the payment of a dowry repayment. Family engagement and resolution through traditional leaders or elders are frequently given more weight under customary law. Statutory law does, however, nevertheless apply in situations like child custody and property split.
Legal Aid for Divorce in Ghana
You can be eligible for legal aid under Ghana’s Legal Aid Scheme if you are unable to pay for legal counsel. For those who are unable to pay for legal services, the program provides free legal assistance. Regardless of their financial situation, it guarantees that everyone has access to justice. To learn more about the Legal Aid Program, visit the Legal Aid Board of Ghana.
Conclusion
Ghanaian divorce and family law are complicated issues, and navigating these difficult situations requires an awareness of the legal system. It is crucial to seek advice from an experienced family lawyer to help you navigate the process, whether you are contemplating a divorce, handling child custody concerns, or requesting spousal support.
For more information on divorce and family law in Ghana, visit the Ghana Legal Service website or consult a professional legal practitioner specializing in family law.
