The Matrimonial Causes Act, 1971 (Act 367), is the governing legislation for divorce in Ghana. This law outlines the grounds and procedures for seeking a divorce in the country. Under this Act, a petition for divorce can be initiated by either party to the marriage, provided that certain conditions are met.
The grounds for divorce as stipulated in the Act are as follows:
1. Adultery
2. Unreasonable Behavior
3. Desertion
4. Separation with consent for two (2) years
5. Five years of Separation
Adultery, as defined by the Act, refers to the voluntary sexual intercourse of a married person with a person of the opposite sex other than his or her spouse. To rely on this ground for divorce, the petitioner must prove that they find it intolerable to continue living with the respondent due to the adultery. It's important to note that the petitioner cannot rely on their own adultery to seek a divorce.
Unreasonable behavior is another ground for divorce, where the respondent's behavior makes it unreasonable for the petitioner to continue living with them. This can include acts or omissions that significantly impact the marriage.
Desertion occurs when one spouse leaves the other with the intention of permanently ending cohabitation without the consent of the other spouse. The petitioner must demonstrate that the respondent has deserted the marriage for a continuous period of at least two years immediately preceding the presentation of the petition.
Separation with consent for two years and not having lived as husband and wife for five years are also recognized grounds for divorce under the Act. Consent from the respondent is required for the former, while the latter does not necessitate consent.
In addition to establishing one of these grounds, the petitioner must also demonstrate that reconciliation efforts have been unsuccessful and that the marriage has irretrievably broken down.
The procedure for initiating a divorce under Act 367 involves presenting a petition to the High Court or Circuit Court. The petition outlines the legal basis for seeking a divorce and is served on the respondent through the Court bailiff. There are specific timelines and restrictions, such as not being able to petition for divorce within the first two years of marriage, unless under circumstances of substantial hardship or depravity.
In conclusion, the Matrimonial Causes Act, 1971 provides a comprehensive framework for divorce in Ghana, outlining grounds and procedures for seeking a dissolution of marriage. It is essential for individuals considering divorce to understand the legal requirements and implications outlined in this Act before proceeding with a petition.
-By Aisha Yakubu | Ghana Crimes
