Divorce Process in Ghana in 2026: How to File, Requirements and Costs
· YEN.com.gh News · Join- Ghanaians seeking a divorce must follow different procedures depending on whether their marriage is under ordinance, customary or Islamic law
- The Matrimonial Causes Act, 1971 (Act 367), allows either spouse to petition for divorce when a marriage has broken down beyond reconciliation
- Couples may also have to resolve issues involving children, maintenance, property and legal expenses before completing the process
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Ending a marriage in Ghana involves more than a husband and wife agreeing to separate, particularly where the marriage was contracted under the Marriage Ordinance.
Source: UGC
In 2026, people considering divorce must understand the legal requirements, documents, court procedures and possible financial obligations before beginning the process.
Ghana's Matrimonial Causes Act, 1971 (Act 367), provides the principal legal framework for divorce proceedings, while customary and Islamic marriages also have procedures recognised under Ghanaian law.
Legal requirements for divorce in Ghana
Under Section 1 of Act 367, the main ground for granting a divorce is that the marriage has broken down beyond reconciliation.
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However, a spouse seeking divorce must present evidence supporting that breakdown.
The law identifies circumstances including adultery, unreasonable behaviour, desertion for at least two years, separation for at least two years with the other spouse's consent, separation for five years, or unsuccessful attempts to reconcile differences despite diligent efforts.
Importantly, a spouse generally cannot petition for divorce within the first two years of marriage without obtaining special permission from the court.
The court may grant permission where substantial hardship or serious misconduct amounting to depravity is established.
Steps to file for divorce in Ghana
The procedure depends on the type of marriage and whether the couple requires the court to settle disagreements.
For an ordinance marriage, the process generally begins at the High Court or Circuit Court. The spouse seeking divorce files a petition explaining the reasons for ending the marriage and any additional requests concerning children, maintenance or property.
According to the Judicial Service, the petition is served personally on the other spouse, who ordinarily has eight days to enter an appearance and 14 days after appearance to file an answer.
The court then considers witness statements, supporting evidence and submissions before deciding whether to grant the divorce.
The procedures for the main marriage types are summarised below.
| Marriage type | Divorce procedure |
| Ordinance marriage | File a court petition and obtain a divorce decree |
| Customary marriage | Complete the applicable customary dissolution rites and register the dissolution where required |
| Islamic marriage | Follow the applicable Islamic divorce rules and statutory registration requirements; court proceedings may also be available |
Individuals preparing for court proceedings should have their marriage certificate or other proof of marriage, identification, details of the reasons for divorce and relevant supporting evidence.
Where children or property are involved, birth certificates, financial records and property documents may also be necessary.
For customary divorces, the Accra Metropolitan Assembly requires a statutory declaration stating the names of the parties, their residences and the date and place of dissolution.
The declaration must be supported by parents or family representatives and accompanied by identification documents. The assembly also provides a 28-day notice period for objections before registration.
How much does divorce cost in Ghana?
The total cost is not fixed. Expenses may include court filing charges, document preparation, legal representation and other expenses arising during proceedings.
In October 2026, Ghanaian lawyer Austin Brako-Powers estimated that professional legal fees in some divorce cases could range from GH¢30,000 to GH¢90,000.
However, these figures represent the lawyer's estimates rather than an official nationwide divorce fee. Actual expenses depend on the circumstances and complexity of each case.
Additionally, the court may decide matters involving child custody, financial support and property settlement. Assets are not necessarily divided equally in every case.
The length of the process also varies, particularly when spouses disagree over property, children or the reasons for divorce.
People seeking to end their marriages are therefore encouraged to confirm the applicable procedure and current charges with the appropriate court registry or a qualified legal practitioner before filing.
Bishop Obinim reads Florence’s divorce demands
Earlier, YEN.com.gh reported that Bishop Obinim read out what he described as Florence’s divorce demands during a church service.
On October 13, 2026, the preacher went through the alleged demands point by point at his church in Tema.
According to him, Florence was demanding GH¢20 million, the couple’s residence in Barcelona, Spain, and the International God’s Way church building in Tema.
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Source: YEN.com.gh