Divorce is a critical and sensitive decision, and many legal systems, including Ghana’s, have measures to ensure that it is approached thoughtfully. In Ghana, specific rules govern the ability to file for divorce within the first two years of marriage. These regulations are designed to prevent hasty decisions and encourage couples to fully consider their options before ending their marriage. This article explores the conditions and processes for seeking an early divorce in Ghana.

The Restriction on Early Divorce

In Ghana, there is a general rule that prevents couples from filing for divorce within two years of getting married. This rule is in place to encourage couples to attempt to work through their issues and avoid making impulsive decisions. However, there are exceptions to this rule, allowing for early divorce under certain conditions.

If one partner can demonstrate that they have experienced severe hardship or that the other partner has behaved in an exceptionally depraved manner, they may be granted permission by the court to file for divorce before the two-year period ends. The terms “exceptional hardship” and “exceptional depravity” are assessed based on the specific circumstances of each case.

The Application Process

To seek an early divorce, a person must submit a formal request to the court, explaining why they believe their situation qualifies as an exception. This request must be accompanied by a detailed affidavit that includes:

• An explanation of the hardship or depravity experienced, supported by evidence.
• Information about any children involved, including their names and ages.
• Details of the current living arrangements of both spouses.
• A record of any efforts made to reconcile or address the issues within the marriage.

This affidavit is crucial in helping the court understand the full context of the request and make an informed decision.

When the court reviews an application for early divorce, it carefully examines the evidence provided. The decision hinges on whether the applicant’s circumstances are indeed “exceptional” as defined by judicial standards. The court also considers the welfare of any children and whether all avenues for reconciliation have been exhausted.

The court’s role is to ensure that the decision to grant an early divorce is not taken lightly and that it is justified by the circumstances. This process helps protect the interests of both parties and any children involved, ensuring that divorce is granted only when necessary and appropriate.

Ghana’s approach to early divorce proceedings aims to balance the integrity of the marital relationship with the recognition that there are situations where early intervention is necessary. The requirement for court approval and a detailed examination of the circumstances ensures that early divorces are considered carefully, protecting the interests of all parties involved.