Divorce Settlement Agreement (Ghana)
Divorce Settlement Agreement
This Divorce Settlement Agreement (this "Agreement") is entered into on [Agreement Date] between:
FIRST SPOUSE: [Spouse1 Name], of [Spouse1 Address], Ghana Card Number: [Spouse1 Id Number] (the "First Spouse"); and
SECOND SPOUSE: [Spouse2 Name], of [Spouse2 Address] (the "Second Spouse").
The First Spouse and the Second Spouse are collectively referred to as the "Parties".
Recitals
The Parties were married on [Marriage Date] by [Marriage Type].
Divorce proceedings have been commenced or are to be commenced before the High Court (Family Division) under the Matrimonial Causes Act 1971 (Act 367) on the ground of [Divorce Ground]. Case Reference: [Court Case Number].
The Parties have agreed to settle all matters arising from the breakdown of the marriage on the terms set out in this Agreement, and intend to submit this Agreement to the High Court (Family Division) for approval and incorporation as a consent order.
1. Division of Matrimonial Property
The Parties agree to divide the matrimonial property as follows: [Property Division]
The allocation of marital debts and liabilities is as follows: [Debt Allocation]
Any transfer of land or real property interests pursuant to this Agreement shall comply with the Land Act 2020 (Act 1036) and shall be registered at the Lands Commission of Ghana. Stamp duty assessed by the Ghana Revenue Authority (GRA) under the Stamp Duty Act 2005 (Act 689) shall be paid before registration.
This division of matrimonial property is made in accordance with the principles established by the Supreme Court of Ghana in Mensah v Mensah [1997-98] 1 GLR 164 SC and Section 14 of the Matrimonial Causes Act 1971 (Act 367).
2. Children
The following children were born of the marriage: [Children Details]
The Parties agree on the following custody arrangement: [Custody Arrangement]. The non-resident parent shall have reasonable rights of access and contact with the children, to be agreed between the Parties and, if necessary, determined by the High Court.
Child maintenance shall be paid as follows: [Child Maintenance]. Child maintenance may be varied by order of the High Court on application by either Party where there has been a material change in circumstances, in accordance with Section 46 of the Children's Act 1998 (Act 560).
All arrangements relating to the children are subject to the best interests of the child as the paramount consideration under Section 24 of the Children's Act 1998 (Act 560).
3. Spousal Maintenance
Spousal maintenance shall be payable as follows: [Spousal Maintenance]. Spousal maintenance is provided for under Section 14 of the Matrimonial Causes Act 1971 (Act 367) and is subject to variation by the High Court on application where circumstances materially change.
4. Court Submission
The Parties authorise their respective legal representatives to submit this Agreement to the High Court (Family Division) for approval and incorporation as a consent order, which shall be enforceable as an order of the court under the Matrimonial Causes Act 1971 (Act 367) and the Courts Act 1993 (Act 459).
This Agreement is governed by the laws of Ghana, including the Matrimonial Causes Act 1971 (Act 367), the Children's Act 1998 (Act 560), and the Land Act 2020 (Act 1036).
Signatures
IN WITNESS WHEREOF the Parties have signed this Divorce Settlement Agreement on [Agreement Date].
First Spouse
________________
Signature
Second Spouse
________________
Signature
What Is a Divorce Settlement Agreement (Ghana)?
A Divorce Settlement Agreement in Ghana sets out the rights, duties and consideration binding the parties to it.
The Matrimonial Causes Act 1971 (Act 367) is the principal statute governing divorce and matrimonial proceedings in Ghana. Section 14 of Act 367 empowers the High Court to make orders for the settlement of matrimonial property upon granting a divorce. The court's jurisdiction extends to orders for maintenance of a spouse and children, orders for the transfer or settlement of property, and custody orders under the Children's Act 1998 (Act 560). The High Court (Family Division) in Accra — and High Courts sitting in Kumasi, Tamale, Cape Coast, and other regional capitals — exercise jurisdiction over matrimonial causes under Act 367.
The Children's Act 1998 (Act 560) governs all matters relating to children in Ghana, including custody, access, and maintenance following a divorce. Section 24 of Act 560 requires the court to treat the best interests of the child as the paramount consideration in any decision affecting children. The Divorce Settlement Agreement must comply with Act 560 insofar as it addresses children's welfare, and the court will scrutinise any custody or maintenance provisions to confirm they serve the children's best interests.
The Head of Family concept under Ghanaian customary law creates complexity in divorce settlements involving property held as family property or acquired through customary marriage. Under the Intestate Succession Law 1985 (PNDCL 111) and the customary law of Ghana's various ethnic groups — including Akan, Ewe, Ga, and Northern customary law — property may be held communally as family property, which is not available for division between the divorcing spouses. A Divorce Settlement Agreement must identify whether specific assets are matrimonial property, self-acquired property, or customary family property before purporting to divide them.
A Divorce Settlement Agreement must be distinguished from a Separation Agreement, which records the terms agreed between spouses who are living apart but have not yet obtained a divorce decree, and from a Prenuptial Agreement, which is executed before marriage and anticipates the division of property in the event of divorce. Under Act 367, the High Court retains jurisdiction to review and vary a Divorce Settlement Agreement where circumstances have materially changed — particularly regarding child maintenance — after the agreement is incorporated into the court's order.
The legal framework governing the Divorce Settlement Agreement (Ghana) in Ghana draws on several key statutes and regulatory bodies. Under Ghanaian law, the Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. The Marriages Act 1884-1985 (Cap. 127) and Marriages Ordinance (Cap. 127) govern civil marriages. The Intestate Succession Law 1985 (PNDC Law 111) overrides customary succession for specified relatives. The Courts Act 1993 (Act 459) governs court procedures. The Children's Act 1998 (Act 560) governs child welfare. Parties executing a Divorce Settlement Agreement (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Matrimonial Causes Act 1971 (Act 367) sets the foundational requirements.
When Do You Need a Divorce Settlement Agreement (Ghana)?
A Divorce Settlement Agreement in Ghana is required in the following circumstances under the Matrimonial Causes Act 1971 (Act 367) and the Children's Act 1998 (Act 560).
When spouses in Ghana have agreed to divorce by mutual consent under Section 2(1)(e) of Act 367 — the ground of irretrievable breakdown evidenced by mutual consent — and wish to record their agreed terms for property division and other arrangements before submitting the petition to the High Court (Family Division), a Divorce Settlement Agreement documents the agreement for court approval.
When a spouse in Ghana owns or jointly owns real property — land registered under the Land Act 2020 (Act 1036), a residential property, or a commercial building — and the parties have agreed how the property will be divided or transferred upon divorce, a Divorce Settlement Agreement provides the basis for the transfer of land interests with the approval of the Lands Commission of Ghana and the Land Registration Division.
When divorcing spouses in Ghana have minor children and have agreed on the arrangement for their custody — whether sole custody to one parent, joint custody, or a shared parenting arrangement — and for child maintenance under the Children's Act 1998 (Act 560), a Divorce Settlement Agreement recording these arrangements is submitted to the court as a consent order, which is enforceable under the Children's Act.
When one spouse in Ghana earns significantly more than the other and the parties have agreed that the higher-earning spouse will pay periodic maintenance — whether for the other spouse under Act 367 or for the children under Act 560 — a Divorce Settlement Agreement documenting the agreed maintenance amount, duration, and conditions for variation provides certainty and avoids future litigation.
When divorcing spouses in Ghana have business interests, pension rights, investment accounts, or assets in foreign jurisdictions and have agreed how these will be divided, a Divorce Settlement Agreement provides the written record of the division that the High Court requires before approving the settlement and incorporating it into the divorce decree or consent order.
Parties in Ghana should prepare a Divorce Settlement Agreement (Ghana) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Ghanaian law, the Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. The Marriages Act 1884-1985 (Cap. 127) and Marriages Ordinance (Cap. 127) govern civil marriages. The Intestate Succession Law 1985 (PNDC Law 111) overrides customary succession for specified relatives. The Courts Act 1993 (Act 459) governs court procedures. The Children's Act 1998 (Act 560) governs child welfare. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Divorce Settlement Agreement (Ghana)
A valid Divorce Settlement Agreement in Ghana under the Matrimonial Causes Act 1971 (Act 367) must contain the following essential elements.
Parties and Marriage Details: Full legal names, national identification numbers (Ghana Card), and addresses of both spouses, the date and place of marriage, and the case number of the pending divorce proceedings before the High Court (Family Division) where applicable. Whether the marriage was contracted under the Marriages Act 1884-1985 (Cap. 127) (ordinance marriage), under customary law, or under Islamic law should be stated, as the applicable legal framework for property division differs under each.
Grounds for Divorce: A reference to the ground of divorce under Section 2 of Act 367 — typically irretrievable breakdown — and confirmation that either party has filed or will file a petition for divorce before the High Court (Family Division) under Act 367.
Property Division: A detailed schedule of matrimonial property — real property, motor vehicles, household goods and chattels, bank accounts, investment portfolios, business interests, pension rights, and debts — and the agreed division of each item between the spouses. For real property in Ghana, the agreement should specify the transfer procedure under the Land Act 2020 (Act 1036) and identify any outstanding mortgage with a bank licensed by the Bank of Ghana (BoG) that affects the property.
Spousal Maintenance: The amount, frequency, duration, and conditions of any spousal maintenance payable by one spouse to the other under Section 14 of Act 367. The agreement should address the conditions for variation — such as the remarriage of the recipient spouse or a material change in the payer's financial circumstances — and the procedure for enforcement before the High Court.
Children: Full names and dates of birth of all children of the marriage; the agreed custody arrangement (sole custody, joint custody, or shared care); the residence of the children; arrangements for access and contact by the non-resident parent; and child maintenance payable in accordance with the Children's Act 1998 (Act 560). The agreement must comply with the best interests of the child standard in Section 24 of Act 560.
Family Property: Where any property is held as customary family property under Ghanaian customary law, the agreement should acknowledge that such property is not available for division and identify which assets are self-acquired matrimonial property subject to division under Act 367.
Court Submission: A provision authorising the parties' lawyers to submit the agreement to the High Court (Family Division) for approval and incorporation as a consent order, rendering it enforceable as a court order. The forms-legal.com Divorce Settlement Agreement template covers all seven elements required under Act 367 and Act 560 for a Ghana-compliant divorce settlement. Parties should also consider a separate Child Custody Agreement if detailed parenting arrangements need to be documented.
Additional compliance elements for a Divorce Settlement Agreement (Ghana) used in Ghana include: Under Ghanaian law, the Data Protection Act 2012 (Act 843) and the Data Protection Commission govern personal data processing. The Marriages Act 1884-1985 (Cap. 127) and Marriages Ordinance (Cap. 127) govern civil marriages. The Intestate Succession Law 1985 (PNDC Law 111) overrides customary succession for specified relatives. The Courts Act 1993 (Act 459) governs court procedures. The Children's Act 1998 (Act 560) governs child welfare. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.
Sources & Citations
Statutory citations link to official government sources.
- Marriages Ordinance (Cap. 127)HK official
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Divorce Settlement Agreement (Ghana) (Ghana) [Legal document template]. Forms Legal. https://forms-legal.com/ghana/personal/family/divorce-settlement-agreement-ghana
"Divorce Settlement Agreement (Ghana) (Ghana)." Forms Legal, 2026, https://forms-legal.com/ghana/personal/family/divorce-settlement-agreement-ghana.
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Frequently Asked Questions
The Matrimonial Causes Act 1971 (Act 367) provides one ground for divorce in Ghana: irretrievable breakdown of the marriage. Section 2 of Act 367 lists the facts that a petitioner may rely on to establish irretrievable breakdown, including: adultery by the respondent spouse; unreasonable behaviour by the respondent making it unreasonable for the petitioner to continue living with them; desertion by the respondent for a continuous period of at least two years immediately preceding the petition; the parties having lived apart for a continuous period of at least two years and the respondent consenting to the decree; and the parties having lived apart for a continuous period of at least five years, regardless of consent. A divorce petition must be filed with the High Court (Family Division) in the region where one of the parties is domiciled. The High Court has exclusive jurisdiction over matrimonial causes in Ghana under Act 367 — circuit courts and magistrate courts do not have jurisdiction over divorce.
The division of matrimonial property upon divorce in Ghana is governed by Section 14 of the Matrimonial Causes Act 1971 (Act 367) and the principles established by the Supreme Court of Ghana in Mensah v Mensah [1997-98] 1 GLR 164 SC and subsequent decisions. The Supreme Court held in Mensah v Mensah that both spouses are entitled to share in the property acquired jointly during the marriage, irrespective of the legal title. The court applies a broad conception of contribution — including non-financial contributions such as homemaking, childcare, and supporting the other spouse's career — when determining each spouse's share of matrimonial property. Property acquired before the marriage and kept separate, gifts, and inheritances received by one spouse may be excluded from the matrimonial pool, depending on the circumstances. Customary family property — property held communally by a family under Ghanaian customary law — is not subject to division as matrimonial property. The High Court (Family Division) has discretion to make property orders, and a Divorce Settlement Agreement recording the parties' agreed division is typically adopted by the court as a consent order.
A Divorce Settlement Agreement reached between divorcing spouses in Ghana becomes legally binding between the parties as a contract under the Contracts Act 1960 (Act 25) from the moment it is signed. However, for the agreement to be enforceable as a court order — enabling either party to apply for enforcement through the court's contempt or execution powers — it must be submitted to the High Court (Family Division) and incorporated into the divorce decree or issued as a consent order. Without court approval, a party seeking to enforce the agreement against a defaulting spouse must commence fresh contractual proceedings, which is slower and more expensive than enforcement of a court order. The court will scrutinise any provisions relating to children to confirm they comply with the best interests standard in Section 24 of the Children's Act 1998 (Act 560). The court may decline to approve provisions that it considers contrary to the children's interests, even if both parents have agreed to them. Spousal maintenance provisions approved by the court may later be varied by the court on application where circumstances materially change.
The Children's Act 1998 (Act 560) requires both parents to contribute to the maintenance of their children in proportion to their means and earning capacity, regardless of which parent has custody. Section 46 of Act 560 empowers the court to make a maintenance order specifying the amount and frequency of maintenance payments. Ghana does not apply a fixed statutory formula for calculating child maintenance in the manner of the UK Child Maintenance Service — the amount is determined by the court (or agreed between the parties) based on: the financial resources and earning capacity of each parent; the financial needs and obligations of each parent; the standard of living the child would have enjoyed if the marriage had not broken down; and the child's age, educational needs, and any disability. The High Court (Family Division) may order maintenance to be paid directly to the custodial parent or into a designated trust account. Failure to comply with a court-ordered maintenance obligation under Act 560 is a contempt of court and can result in fine or imprisonment. A Divorce Settlement Agreement that sets maintenance below the level the court would consider adequate for the child's needs may be varied by the court.
The transfer of land and real property interests pursuant to a Divorce Settlement Agreement in Ghana must comply with the Land Act 2020 (Act 1036) and the requirements of the Lands Commission of Ghana. Where the Divorce Settlement Agreement provides for one spouse to transfer their interest in jointly owned land or a residential property to the other spouse, the transfer must be evidenced by a written instrument — typically a deed of gift or deed of assignment — executed and stamped with stamp duty assessed by the Ghana Revenue Authority (GRA) under the Stamp Duty Act 2005 (Act 689). The instrument must be registered at the Land Registration Division of the Lands Commission under the Land Title Registration Act 1986 (PNDCL 152). Where the property is subject to a mortgage with a bank licensed by the Bank of Ghana (BoG), the mortgagee bank's consent to the transfer must be obtained before the Lands Commission will register the new title. The Divorce Settlement Agreement itself does not transfer legal title — a separate formal instrument must be executed after the agreement to complete the transfer.
Pension rights accrued during a marriage in Ghana may constitute matrimonial property subject to division upon divorce under Section 14 of the Matrimonial Causes Act 1971 (Act 367) and the principles in Mensah v Mensah [1997-98] 1 GLR 164 SC. Under the National Pensions Act 2008 (Act 766), Tier 1 SSNIT pension benefits belong to the individual contributor and are not directly transferable to a former spouse by a court order or settlement agreement. However, the value of accumulated Tier 1 and Tier 2 pension benefits may be taken into account in the overall division of matrimonial assets — the spouse without pension benefits receiving a larger share of other assets to compensate for the pension imbalance. Tier 3 voluntary pension savings held in an NPRA-regulated fund may be more amenable to division by agreement, depending on the fund's rules. The Divorce Settlement Agreement should expressly address whether pension rights are included in the matrimonial property pool and, if so, how the pension value has been assessed and offset against other assets.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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