What happens to the family home? Can a spouse claim part of a business? Does the wife automatically get half of the husband’s property? What happens to the children? Can one spouse sell the property before the divorce is completed? These questions can sometimes be more difficult than the divorce itself. Under Ghanaian law, the rights of spouses upon divorce are governed principally by the Matrimonial Causes Act, 1971 (Act 367), the 1992 Constitution, and decisions of the Ghanaian courts.
Many people assume that the mother automatically gets custody because she is the mother. Others believe that the father has the stronger claim because he earns more money. Neither is automatically true.
Under Ghanaian law, the central question is the welfare and best interests of the child. The court is not deciding which parent won the divorce. It is deciding what arrangement is best for the child. The main legal framework includes the Matrimonial Causes Act, 1971 (Act 367) and Ghana’s child-protection laws.
Where a marriage is legally recognized, its dissolution generally requires a legal process before the appropriate court. But what exactly must a spouse prove? Can one spouse obtain a divorce if the other refuses? What happens to the children? What about the family house and other property acquired during the marriage? Can a spouse hide or sell assets during the proceedings? This article explains the basic legal process for divorce in Ghana under the Matrimonial Causes Act, 1971 (act 367) and answers some of the questions people commonly ask.
Marriage is not merely a social, cultural, or religious institution. In law, marriage is fundamentally a contract between two persons who voluntarily agree to enter into a legally recognized union. Like every valid contract, a marriage must satisfy certain legal requirements before it becomes valid and enforceable.
Receiving your admission letter to Ghana’s Pre-Bar Course is a significant achievement. It represents the culmination of years of hard work and marks the beginning of your journey toward becoming a lawyer.
Celebrate this milestone you’ve earned it.
But once the excitement settles, one important question remains:
What should you be doing before classes begin?
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