How to File for Divorce in Ghana: A Complete Step-by-Step Guide

Ending a marriage is a significant legal decision. In Ghana, divorce is governed by clearly defined laws that determine who may file, on what grounds, and through which procedure. This guide explains the process in plain and accessible language. It is intended for general information and does not replace advice from a qualified lawyer.

Divorce in Ghana is primarily governed by the Matrimonial Causes Act, 1971 (Act 367). Court procedures are regulated by the High Court Civil Procedure Rules, 2004 (C.I. 47). Together, these laws provide the legal framework for all divorce proceedings in Ghana.

The applicable procedure depends on how the marriage was contracted.

Marriages registered under the Marriage Ordinance (Cap 127) must be formally dissolved by a court. The process involves filing a petition, serving the other spouse, presenting evidence, and obtaining a court order.

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Customary marriages are traditionally dissolved through family mediation. Where the marriage has been formally registered, dissolution must comply with Section 6 of the Marriages Act. If unregistered, dissolution may follow the relevant customary practices.

Islamic divorces must be registered within one month after the divorce has been effected under Islamic law, in accordance with Sections 25 and 26 of the Marriages Act. They may also be recognised under Section 41(3) of the Matrimonial Causes Act.

Either spouse may file a divorce petition. The Ghanaian courts will have jurisdiction if at least one of the following applies:

• Either party is a Ghanaian citizen

• Either party is domiciled in Ghana

• Either party has lived in Ghana for at least three years immediately before filing

Foreign nationals are subject to the same legal standards as Ghanaian citizens when filing for divorce in Ghana.

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Ghana recognises only one legal ground for divorce: irretrievable breakdown of the marriage. A court will not grant a divorce simply because both parties agree. The petitioner must provide evidence that the marriage has broken down beyond any reasonable prospect of reconciliation.

To establish irretrievable breakdown, at least one of the following must be proven:

• Adultery, making it intolerable to continue the marriage

• Unreasonable behaviour

• Desertion for at least two continuous years

• Two years’ separation with the respondent’s consent

• Five years’ separation, whether or not consent is given

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A divorce petition cannot generally be filed within two years of marriage. However, the court may permit early filing in cases of substantial hardship or serious depravity.

Divorce matters may be handled by the District Court, Circuit Court, or High Court. The appropriate court depends largely on any additional financial claims, such as property division or maintenance.

• Step 1: File the Petition: The petitioner files the divorce petition and pays the required court fees. The petition must clearly state the grounds and any additional claims, such as custody or property division.

• Step 2: Service on the Respondent: The court bailiff personally serves the petition on the respondent.

• Step 3: Entry of Appearance: The respondent has eight (8) days to formally acknowledge the proceedings.

• Step 4: Filing an Answer: The respondent has fourteen (14) days to file a written response.

• Step 5: Reply (Optional): The petitioner may reply within fourteen (14) days.

• Step 6: Close of Pleadings: Eight days after the reply deadline, pleadings close.

• Step 7: Notice of Trial: Within fourteen (14) days, the petitioner must apply for the matter to be set down for trial.

• Step 8: Hearing: Both parties present evidence and witnesses. Hearings are usually held in chambers.

• Step 9: Judgment: If satisfied, the court grants a Divorce Order.

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• Division of Property: Under Article 22(3) of the 1992 Constitution, marital property must be distributed equitably. Ghanaian courts often apply the principle that equality is equity.

• Child Custody and Support: The court may order custody and financial support for children of the marriage.

• Maintenance: Maintenance decisions consider income, earning capacity, obligations, and the welfare of the child.

An uncontested divorce may take approximately six months. Contested cases involving property or custody disputes may take several years.

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According to the Ghana Bar Association Scale of Legal Fees (2022), professional fees typically range between GHS 30,000 and GHS 90,000. Where property or alimony is contested, lawyers may charge 10% to 20% of the value in dispute or an hourly rate. Court filing fees are separate.

Although individuals may represent themselves, legal representation is strongly advised, particularly where children or property are involved. A lawyer ensures compliance with procedure and protects your interests.

Before filing, gather:

• Original marriage certificate

• Birth certificates of children

• Evidence supporting your grounds for divorce

• Records of jointly owned assets

• Evidence of mediation or counselling, if applicable

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Divorce is both a legal and personal decision. Understanding the legal framework ensures that you proceed with clarity and confidence.