Ghana Divorce Requirements

In Ghana, when there is a decision to file for a divorce, there are some requirements that should be met before the whole petition can be granted by the court.

By, the Matrimonial Causes Act, 1971(Act 367), governs the current law on divorce in Ghana. The law provides that a petition for a divorce may be presented to the court by either party of the marriage.

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However, the person who starts the proceedings (petitioner) must provide evidence to the effect that the marriage has been broken down beyond reconciliation. This is the main basis for divorce.

Notwithstanding, the sole ground for divorce must be evidenced by proof of one of the following;

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1. Adultery
2. Unreasonable Behavior
3. Desertion
4. Seperation with consent for two years
5. Five years of seperation

Let’s take a look at the following basis in a detailed context.

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1. Adultery

It may be defined as a s£xu@l interc0ur$e between two persons of whom one person or both are married but not married to each other.

2. Unreasonable Behavior

Case law provides that “unreasonable behavior” can take the form of either an act or omission or can include severe issues of physìcal/emotional violence or more mild incidents.

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The conduct complained of must be severe and higher than the ordinary wear and tear of marriage life.

3. Desertion

It is the seperation of one spouse from the other with the intention on the part of the deserting spouse to bring cohabitation permanently to an end without the consent of the other spouse.

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Kindly take note that desertion should exist for at least two years immediately preceding the presentation of the petition to qualify as a basis for divorce.

4. 2-Years Seperation With Consent

Consent is necessary to rely upon this fact. The court must itself that consent to divorce has been given by the respondent only after the respondent has understood the consequences of his or her consent.

5. Not Having Lived As Husband And Wife For Five Years

Consent is not needed to rely on this fact. It should be noted that the court may disregarded the petition if the separation has not lasted up to six months in aggregate during which the parties resumed living as man and wife.