In Ghana, the Matrimonial Causes Act 1971 restricts the filing of a petition for divorce within two(2) years from the date of the marriage. However, an application can be filed in court to present a petition for divorce within two(2) years from the date of the marriage on the grounds of substantial hardship suffered by the petitioner or depravity on the part of the respondent.

The application for leave to file a petition within two(2) years must be supported by an affidavit to which a copy of the intended petition must be exhibited.

According to the law, the affidavit must states the following:

• where the ground for the application is substantial hardship suffered by the plaintiff or depravity on the part of the defendant, particulars of the hardship or depravity alleged;
• where any children of the household are alive, their names and ages and where and with whom they are living; and
• whether any attempts at reconciliation have been made and if so what attempts.

All the court can do is to come to a conclusion that the allegations in the affidavit filed on the application are such that, if true, they would amount to exceptional hardship or exceptional depravity. The respondent may also file an affidavit in opposition to the application.

Read our article What Do I Do if I Am Served With A Divorce Petition in Ghana?