Although having family ties in Ghana through marriage can be exciting, especially for UK expats, it also has its complexities, especially when legal matters like marriage property settlement are involved. Therefore, understanding how property is divided during marriage or divorce under Ghanaian law is essential for all UK expats seeking to marry in Ghana. That said, here's a helpful guide to marriage property settlement in Ghana.
Exploring the basics of the Ghanaian marriage property settlement
The division of marital property in Ghana is dictated by a mix of customary, statutory, and common law principles. It's also worth noting that several factors are considered achieving a fair distribution of property, including the following:
- Marriage type: since Ghana recognises customary, civil and religious marriages, each type usually has different implications for how property is viewed and divided.
- Contributions to the marriage: Ghanaian courts also recognise the financial and non-financial contributions of both spouses. That said, if a spouse contributed more than the other, the property division will reflect it.
- Future needs: the future needs of both spouses are also taken into consideration, including childcare and retirement.
- Marriage duration: longer marriages might lead to a more equal division, while shorter unions may have different outcomes.
Understanding the legal framework for property division in Ghana
Property division in Ghana involves a series of steps, including the following:
- Filing a case: one spouse can initiate the process by filing a case in the appropriate court, outlining the claim for property division.
- Assets disclosure: the next step is the disclosure of assets, where both parties will reveal their financial status. This may include properties, savings, investments, and any other assets.
- Mediation or negotiation: this process is usually ideal, as it prevents the lengthy litigation that accompanies court settlements.
- Court ruling: a court ruling becomes necessary when an agreement cannot be reached during the mediation process. Here, the court decides on the division of assets based on the evidence and factors mentioned above.
Why does understanding Ghanaian property division matter to UK expats?
Having property or living in Ghana subjects you to Ghanaian laws, especially when marriage property settlement is involved. By understanding these laws, you will be aware of your rights and protect your property when a divorce is inevitable. Likewise, you can avoid pitfalls that come with not understanding the laws while ensuring there is a fair settlement for both parties.
Helpful tips for UK expats seeking a fair property settlement
To protect your assets and get the right property settlement, you need to:
- Familiarise yourself with Ghana's customary and statutory laws.
- Keep detailed records of all assets, contributions, and expenses, as they will help your case during settlement negotiations.
- Always aim for mediation, since it's cost-effective, faster and less confrontational.
- Most importantly, seek help from legal experts who are well-versed in divorce and property settlements in Ghana, such as those at Acheampong & Associates.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
