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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 ...

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...

THE TYPES OF GHANAIAN MARRIAGES SIMPLIFIED PART 3 - ORDINANCE

Yes. This is Part 3 of this Article. It means we have already done Part 1 and part 2 . You may click on the links in Part 1 and Part 2 to read if you want to go back to understand. The Marriage by Ordinance is what many people refer to as Church marriage or wedding. It is however not Church marriage as may people call it. It is the marriage by Ordinance. I prefer this English case law definition of an ordinance marriage which says: The voluntary union for life of one man and one woman to the exclusion of all others . Hyde vrs Hyde Woodmaansee Lord Penzance [ 1866] LR 1 P&D 130 Ordinance marriage is taken care of under part three of the marriages act, CAP 127. It is the only monogamous marriage recognized by law in Ghana. The parties to this marriage are not allowed to marry any other person. Even though both Islamic Marriage and Customary marriage can be converted into Ordinance marriage, the ordinance cannot be converted into customary o...

LAWS OF GHANA SIMPLIFIED

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