A private Legal practitioner and Lecturer at Akenten Appiah Menka University of Skills Training and Entrepreneurial Development (AAMUSTED), Lawyer Kwabena Boateng has disclosed that one can not seek divorce until two years after marriage.
According to the Legal practitioner, the law requires that one may seek divorce only when the two parties (couples) have at least two years in the marriage.
In the 1992 constitution of Ghana, the law asserts that divorce is not a right in Ghana law. Couples cannot simply agree to divorce and then obtain a Divorce Order from the Court.
They will have to petition the court and prove with evidence that the marriage has broken down beyond reconciliation.
The Matrimonial Causes Act, 1971 (Act 367), governs the current law on divorce in Ghana.
The law provides that a petition for divorce may be presented to the Court by either party to a marriage. The law makes it clear that the Petitioner of the divorce, i.e. the person who starts the proceedings must be able to provide evidence to the effect that the marriage has broken down beyond reconciliation. This is the sole ground for divorce. That notwithstanding this sole ground must be evidenced by proof of one of the following:
Educating the public on the basis of divorce in marriages on a segment ” De3 Mmra no se3″ on Oyerepa Breakfast Show the Private Legal practitioner explained that the law also gives no room for divorce until the two have at least two years in the marriage.
“You can’t seek divorce until after two years in a marriage and can also be granted only when the marriage has broken down beyond reconciliation” he stated.
Meanwhile, Lawyer Kwabena Boateng added that the law also makes provision in some extreme cases where divorce can granted and that is based on the grounds of extreme hardship and depravity. The law however requires that the marriage should immediately be divorced.
That notwithstanding, he also highlighted the established basis of divorce in marriages provided by the 1992 Constitution of Ghana which is the Matrimonial Causes Act, 1971 (Act 367).
Per the Matrimonial Causes Act, 1971 (Act 367) the sole grounds for divorce are Adultery, Unreasonable Behavior, Desertion, Separation with consent for two (2) years and Five years of Separation with evidenced by proof on any of these basis.
He concluded that the law also requires that Lawyers must be fully convinced with proof of evidence that the marriage has broken down beyond reconciliation before a divorce can be granted.
Source: Oyerepafmonline.com/ Nana Freduah Agyemang Derrick
