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LAW ON DISTRIBUTION OF MARITAL PROPERTY UPON DIVORCE : ONE FOR ME, ONE FOR HIM - FAIR OR FOUL?

I bought a piece of land before getting married. I registered it in my name and even started building on it before getting married. But upon marriage, my husband and I agreed that rent would not help us so he helped me to finish the building and we all moved in to live as husband and wife. Now our marriage is on the rocks, and we are getting a divorce. Why should the man who has treated me so badly get a share of this house which is registered in my personal name and not our joint names. Does it not belong to me alone? Can such a property be classified as a marital property? The above scenario and many more are questions that disturb the peace of many people about divorce. The question of “marital property” and how it should be shared. The Law in Ghana on distribution of marital property is very simple and complex at the same time. The law says EQUALITY IS EQUITY . The properties of the couple must be shared in such a way that every person would be equally and adequately catered ...

DNA TESTS VRS GHANAIAN CUSTOMARY AND STATUTORY LAWS ON DETERMINING WHO IS A CHILD OF A DECEASED MAN

The question of who is a Child of a deceased person under the Ghanaian law is under exploration in this short article. Very often, the question of who is a child comes up due to questions of inheritance of the properties / estate of the deceased person usually the man. This is because, it is usually not up for question as to who is the mother of a child. DEOXYRIBONUCLEIC ACID test commonly known as DNA test is a recent scientific discovery that has helped mankind answer the question of paternity more accurately amongst others benefits using scientific means. However, laws on paternity have been with mankind for a very long time and during these times, DNA was not available or affordable. In Ghana for example, despite the ubiquitous use of DNA in recent times to determine paternity, Parliament is yet to enact laws that will mandate, regulate or enforce DNA tests in Ghana. The jurisprudence around the use of DNA to determine paternity is therefore largely judicially improvised...

PUNISHMENT FOR DEFRAUDING BY FALSE PRETENCES IN GHANA: THE CASE OF AGRADAA’S 15 YEAR JAIL TERM

Madam Patricia Asiedua popularly known as Agradaa was handed a 15-year jail term yesterday by the Accra Circuit Court. Many have argued that the jail term is excessive and harsh. This write up is aimed at throwing some light on the offense she committed and the available punishments for the court, given her circumstances, so that readers can have an informed basis to argue on whether or not the sentence was excessive. Ms. Asiedua was charged amongst other offences, with, Defrauding by false pretences. Since I do not have the benefit of the full charge sheet, I shall discuss only the offence of defrauding by false pretences and perhaps update myself if I see the full charge sheet and get to know of the other offences she was charged in addition to this one. But what readers must bear in mind is that, whenever two or more offences are charged and proved against a person, the courts would usually hand over sentence for all the offences. However, it i...

LAWS OF GHANA SIMPLIFIED

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