Family Law in Ghana

Minimum Age for Marriage
In Ghana, the minimum legal age for marriage is 18 years for both males and females. This applies to both customary and statutory marriages.

🔴 Note: Marriages involving persons under 18 years of age are considered child marriages and are illegal under the Children’s Act, 1998 (Act 560).

Getting Engaged in Ghana

• Engagement (often called “knocking” or traditional marriage) is cultural and not legally binding under statutory law.
• Not legally obliged to marry after an engagement.
• No strict law on returning gifts or rings after engagement ends—amicable resolution encouraged.

Types of Marriage in Ghana

• Customary Marriage: Recognised if performed per ethnic customs and registered within 3 months.
• Ordinance Marriage (Statutory): Monogamous, performed at Registrar or licensed place.
• Islamic Marriage: Recognised under Cap 129, may be polygamous, registration advised.

Marriage in Prison

• Legal with permission from prison authorities and Registrar of Marriages.

Prohibited Marriages

• Cannot marry direct relatives including siblings, parents, grandparents, or aunts/uncles.

Pre-Nuptial Agreements

• Not automatically recognised but considered in court if fair and voluntarily entered.

Marriage Locations

• Statutory: Registrar's office, licensed religious building, or licensed venue.
• Customary: Home or community setting per local custom.

Statutory Marriage Process

• File Notice → 21-day publication → Marriage Certificate issued if no objection.
• Ceremony must occur within 3 months, with at least two witnesses.

Documents Needed

• ID (Passport, Voter ID, Ghana Card)
• Birth Certificate
• Affidavit for divorced/widowed persons
• Immigration documents for foreigners

Foreigners

• Can marry under Ordinance.
• Check if Ghana marriage is valid in your country via embassy.

Proxy & Polygamous Marriages

• Proxy not recognised under statutory law.
• Polygamy allowed only under Customary/Islamic, not Statutory law.

Remarriage

• Allowed after divorce (with decree absolute) or death of spouse.

Bigamy

• Criminal offence to marry again under statutory law while still married (Act 29, Section 262).

Religious Ceremonies

• Must be registered and conducted by licensed marriage officers.

Recognition Abroad

• Ghanaian marriage is valid abroad with certified certificate.

Who This Applies To

• Married (Customary, Ordinance, Islamic)
• Cohabiting couples
• Parents with shared children

Key Issues After Separation

• Child custody & visitation
• Living arrangements
• Division of property & money
• Legal rights (especially for unmarried couples)

Abusive Relationships

• Seek help immediately: DOVVSU (191), Legal Aid, NGOs

Legal Separation

• Must be married for 2+ years to file for divorce (exceptions for abuse).
• Cannot remarry until legally divorced.

Unmarried Couples

• No automatic property rights; proof of contribution needed.

Reaching Agreements

• Agree on children, home, finances → Use mediation if needed.

Going to Court

• Apply to Family Court for custody, maintenance, protective orders.

Children

• Joint parental responsibility
• Court prioritises child’s best interest

Child Maintenance

• Apply under the Children’s Act if needed

Housing After Separation

• Can’t be evicted unless court orders or tenancy excludes you.

Property & Finances

• Court considers contributions and needs

Legal Help

• Use Legal Aid Ghana if eligible

Divorce Grounds

• Adultery, cruelty, irretrievable breakdown

Need Advice?
Citizens AdviceGeek Centre – Ghana (CAC Ghana)

Steps to Take

1. Notify family, employer, police if needed
2. Get medical certificate of cause of death
3. Register the death within 7 days at Births & Deaths Registry
4. Plan the funeral
5. Notify organisations (banks, SSNIT, insurance)
6. Handle estate: probate or letters of administration
7. Check for benefits (SSNIT, pensions, insurance)
8. If abroad, register with embassy and arrange repatriation
9. Report foul play to police, CID, or DOFSU

Checklist Summary

• Medical certificate: Same day
• Death registration: Within 7 days
• Probate/administration: As early as possible
• Claim benefits: Within 30–90 days

Apply for Letters of Administration

1. Apply at High or District Court
2. Submit required documents
3. Administrators take over
4. Distribute property per law

Contact Citizens AdviceGeek Centre (CAC Ghana):

✅ Summary Checklist – When Someone Dies Intestate

Step	Action
1	Register death and obtain certificate
2	Plan and document funeral
3	Gather documents and heirs
4	Apply for Letters of Administration
5	Administrators manage estate
6	Distribute estate using PNDCL 111

✅ Why You Should Make a Will in Ghana

• Control over property...
• Protect your partner...
• Plan for your children...
• Prevent family conflict...
• Support others...
• Reduce costs and delays...

⚖️ What Makes a Will Valid in Ghana?

Under the Wills Act, 1971 (Act 360), a valid will must:

• Be in writing
• Be signed by the testator
• Be witnessed by two adults...

📌 Must be at least 18 and of sound mind.

📌 What to Include in a Ghanaian Will

• Your full name and ID details
• A declaration this is your last will
• Appointment of an executor(s)
• List of assets
• Gifts to beneficiaries
• Guardianship instructions
• Funeral/burial preferences
• A revocation clause
• Your signature and two witnesses

💡 Common Mistakes to Avoid

• Not following witnessing rules
• Failing to list all assets
• Forgetting to name a guardian
• Assuming spouse inherits automatically
• Making informal changes
• Not updating your will

💬 Do You Need a Lawyer?

You can write a will yourself, but legal help is advised if:

• You have multiple properties
• You want to exclude someone
• You have children with different partners
• You live abroad or have foreign property
• You are in a customary or polygamous marriage
• You are in a non-marital relationship

👨🏽‍⚖️ Help: Lawyers, Legal Aid Commission, Bar Association, some churches/NGOs

✍🏾 Will Writing Services and Templates

• Avoid unwitnessed wills unless in emergencies
• Be cautious of unregulated services

⚠️ If You Die Without a Will in Ghana

• Your estate is shared under PNDCL 111
• Spouse(s), children, parents, family may inherit

📍 Summary: Steps to Making a Will in Ghana

Step	Action
1	List your assets and wishes
2	Choose trustworthy executor(s)
3	Decide on beneficiaries
4	Write the will clearly
5	Sign with 2 witnesses
6	Deposit at High Court and keep safe
7	Update after major life changes

📁 Extra Tips

• Store copies safely
• Don't hide it
• Keep documents and IDs updated

🔁 Changing or Updating a Will in Ghana

Update if you marry, divorce, have children, acquire property, or want to change executors or gifts.

📌 Review your will regularly.

✏️ How to Make Changes

• Use a codicil (signed and witnessed)
• Or write a new will with revocation

🗑️ Destroying a Will

Must be deliberate; Best way is to make a new will clearly revoking the old one.

❗ Challenging a Will in Ghana

• If it's invalid, coerced, unfair, or excludes dependants
• Use of "no-contest clause" may discourage challenges

👩🏾‍⚖️ Who Can Challenge

• Spouse(s), children, customary dependants, others with reasonable claims

⚖️ Who Inherits If There’s No Will

Based on PNDCL 111:

• Spouse: 3/16, Children: 9/16, Parents: 2/16, Family: 2/16
• If spouse only: 1/2, parents: 1/4, family: 1/4
• If children only: 100%
• No spouse/children: Parents 2/3, family 1/3

🏠 House Rules

• Spouse/children can remain in family home
• One house may be allocated to them

🧾 Jointly-Owned Property

• Joint tenants: surviving co-owner inherits
• Tenants-in-common: deceased’s share goes to estate