The laws of Ghana recognize customary marriage. Once a couple is married under customary law, the law recognizes them as husband and wife.

The law also permits a marriage performed under customary law to obtain a divorce through the courts. When an application is made, the courts would take into consideration “ the peculiar incidents of that marriage in determining the appropriate relief, financial provision and child custody arrangements”.

If a couple married under customary law have had children and acquired property together during the marriage, it is in the best interest of the applicant to seek a divorce through the courts rather than through family elders.

Based on the circumstances of each case, the courts would decide on the division of property, child custody arrangements, financial provisions and any other relief it deems fit.