This note examines the meaning of family, family law, and the scope of family law.
This note will briefly outline the sources of family law in Ghana. The sources to be outlined are the Constitution, 1992; the Marriages Act, 1884-1985 Cap. 127; the Matrimonial Causes Act, 1971 (Act 367); and the Children’s Act, 1998 (Act 560).
This note will discuss when various courts in Ghana will have jurisdiction to entertain a family law matter. The note will discuss the jurisdictions of the District Courts, Circuit Courts, the High Court, the Court of Appeal, and the Supreme Court in family law matters.
This note will discuss the meaning of marriage, its recognition as a special contract, and highlight the types of marriages recognised under Ghanaian law.
This note will discuss when there is a breach of promise to marry, types of breach of promise to marry, the remedy available to a man or woman when there is a breach of promise to marry, what a party must prove to succeed in an action for breach of promise to marry, and the defences available to the party in breach.
This note will discuss the meaning of customary law marriage, the key requirements for a valid customary law marriage, the forms of customary law marriage, and its key characteristics.
This note will discuss the provisions under the Marriages Act, 1884-1985 CAP. 127 regarding the registration of customary marriages.
This note examines the dissolution of customary marriage in Ghana. It will cover who can initiate the process, the grounds for dissolution, and the procedures involved.
This note will discuss the meaning of a Mohammedan marriage, the essentials of a valid Mohammedan marriage, its various forms, and its key characteristics, and how they differ from customary marriage. In a subsequent note, we will discuss the registration and dissolution of a Mohammedan marriage.
In a previous note, we provided an overview of a Mohammedan marriage. In this note, we will discuss the statutory requirements for registering a Mohammedan marriage, the method of registration, and the consequences of non-registration.
In a previous note, we discussed the registration of a Mohammedan marriage under Sections 23 and 24 of the Marriages Act, 1884-1985 (CAP. 127). This note briefly discusses the statutory requirement for registering a Mohammedan divorce and the effect of non-registration.
This note examines the dissolution of a Mohammedan marriage in Ghana. It will briefly discuss the Islamic view of divorce, who may initiate it, when it may be initiated, and its effects.
This note briefly defines marriage under the Ordinance, discusses its core characteristics and highlights the essential elements of validity.
In a previous note, it was highlighted that a marriage under the ordinance is valid if it is contracted in accordance with the procedural requirements set out by law (formal validity) and if the parties to the marriage have the requisite capacity to marry (essential validity). In this note, we will discuss essential validity in detail. In particular, the note will examine how factors such as age, consanguinity, affinity, and marital status affect a person’s capacity to validly marry under the ordinance.
In a previous note, it was highlighted that a marriage under the ordinance is valid if it is contracted in accordance with the procedural requirements set out by law (formal validity) and if the parties to the marriage have the requisite capacity to marry (essential validity). In this note, we will discuss formal validity in detail. In particular, we will discuss the procedure to obtain a registrar’s certificate, a marriage officer’s certificate, or a special Licence from the Registrar for the purpose of solemnising a marriage.
This note will briefly highlight the circumstances under which a marriage under the ordinance will be void.
This note provides an overview of the dissolution of marriage under the ordinance. In doing so, the note highlights that a marriage under the ordinance is dissolved by a court order and that before the court makes the order, various procedural and substantive requirements must be met.
Section 1(2) of the Matrimonial Causes Act, 1971 (Act 367) provides that “the sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation.” To show that the marriage has broken down beyond reconciliation, a petitioner may rely on the fact that the respondent has committed adultery.
Section 1(2) of the Matrimonial Causes Act, 1971 (Act 367) provides that “the sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation.” To show that the marriage has broken down beyond reconciliation, a petitioner may rely on the fact that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. Such behaviour is characterised as unreasonable behaviour and will be discussed in this note. The note describes what amounts to unreasonable behaviour, explains common examples of unreasonable behaviour, and highlights the effect of cohabitation on reliance on unreasonable behaviour to show that the marriage has broken down beyond reconciliation.
Section 1(2) of the Matrimonial Causes Act, 1971 (Act 367) provides that “the sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation.” To show that the marriage has broken down beyond reconciliation, a petitioner may rely on the fact that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition. This note will discuss the meaning of desertion, the elements of desertion, and the effect of cohabitation on reliance on desertion as a fact for showing that the marriage has broken down beyond reconciliation.
Section 1(2) of the Matrimonial Causes Act, 1971 (Act 367) provides that “the sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation.” To show that the marriage has broken down beyond reconciliation, a petitioner may rely on the fact that the parties have not lived as man and wife for a continuous period of at least five years preceding the presentation of the petition. This fact is provided for in Section 2(1)(e) of Act 367 and will be discussed in this note.
Section 1(2) of the Matrimonial Causes Act, 1971 (Act 367) provides that “the sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation.” To show that the marriage has broken down beyond reconciliation, a petitioner may rely on the fact that the parties to the marriage have, after diligent effort, been unable to reconcile their differences. This fact is provided for in Section 2(1)(f) of Act 367, and will be discussed in this note.
In previous notes, we discussed the sole ground for granting a divorce petition and the six facts a petitioner may rely on to show that the marriage has broken down beyond reconciliation. When a petition for divorce is presented, Section 8 of the Matrimonial Causes Act, 1971 (Act 367), provides for measures intended to promote reconciliation. This provision is discussed in this note.
This note briefly highlights that a respondent can obtain an order for the dissolution of a marriage under the ordinance, and that child custody may be awarded to either party on grounds of the unreasonable behaviour of the other party.
In previous notes, we discussed the sole ground for the dissolution of a marriage under the ordinance, namely that the marriage has broken down beyond reconciliation, and six facts that may be relied on by the petitioner to show that the marriage has broken down beyond reconciliation. In this note, we will discuss how to draft a petition for the dissolution of a marriage.
In a previous note, we discussed how to draft a petition for the dissolution of a marriage under the ordinance. In this note, we will discuss how to draft an answer to a petition and how to cross-petition.
This note explains the meaning of nullity proceedings, distinguishes them from divorce proceedings, discusses void and voidable marriages as the basis for the institution of nullity proceedings, and highlights the effect of a decree of nullity on the children of an annulled marriage.
Upon the dissolution of a marriage, the distribution of property, particularly property acquired during the marriage, is often a contentious issue. This note examines how Ghanaian law has addressed this issue over time. It begins with the old position under customary law, then considers the doctrine of substantial contribution, which was introduced to mitigate the harshness of the customary approach. Finally, it discusses the current position on the distribution of marital property: the principle that equality is equity
In a previous note, we discussed nullity proceedings and the fact that a person may petition for a marriage to be annulled on the ground that it is void or voidable. In this note, we will discuss how to draft the petition to obtain a decree of nullity on the ground that the marriage is void.