Family Law

family-law-divorce-ghana

Family Law

(Wills, Probate, Divorce, Adoption)​

As the saying goes, the family is the most important unit of society. For that reason, we take our family law practice very seriously. We are always mindful of the emotional and psychological aspects of the issues we handle and we endeavour to protect relationships and reduce friction to a minimum. At FSB Law Consult, we consider the best interest of our clients as well as all persons involved in any family disputes.

With our expertise in alternative dispute resolution, we explore all avenues to settle disputes out of court to save time, costs and relationships. No matter where you have reached in your quest to find solutions to any of the matters listed below, our professional team is willing and able to help you find a new and quick way to bring matters to an end.

At FSB Law Consult, we provide a range of legal services across the full spectrum of family law including the following:

  • Adoption – We advise and obtain adoption orders for both resident and non-resident persons in Ghana. We liaise with the Department of Social Welfare throughout the application process. We file all the needed papers in court and appear for and on behalf of the person applying to adopt a child.
  • Estate planning – We handle estate planning for individuals and families, including advising and preparation of wills, trusts, prenuptial agreements, financial and healthcare powers of attorney, living wills (This document is between you and your doctor, and it advises them on how you should be treated/cared for in case of an emergency or sickness), etc. We represent business owners and enterpreneurs who own SMEs in disputes and litigation related to governance, diassociation and receivership, and represent trustees and beneficiaries in trust administration matters.
  • Divorce – We handle divorce cases for both local and foreign clients. We represent non-resident Ghanaians as well. We handle applications for maintenance pending suit, interim orders regarding accommodation, interlocutory injunctions, etc.
  • Administration of estate – We handle all processes and applications to court for taking probate or letters of administration to administer a dead person’s estate. We also enter caveats, file estate litigation cases or defend such cases on behalf of clients (executors, administrators, trustees, beneficiaries, etc). We advise executors and administrators of estates on the processes for the smooth administration and distribution estates.
  • Child maintenance/custody, etc. – We represent ‘next-friend’ litigants and we apply for maintenance for children or custody to the appropriate parent.

Frequently Asked Questions (FAQ's)

Divorce

Yes. But you must get an order from the Court before you can file for divorce if you have been married for less than two years. You must be able to show that you have suffered substantial hardship in the marriage or your spouse has deprived you of certain things in the marriage.
The law generally discourages divorce in marriages that are less than two years.

Yes. You can appoint somebody to represent you and give evidence on your behalf in Court. Make sure that the power of attorney is notarized by a notary public.

Yes, your lawyer can apply for ‘maintenance pending suit’ for you and the children of the marriage for the period the divorce is going on in court. But whether the court will grant it or not depends on the reasons you give in support of the application.

No. You can choose someone to represent you. Nowadays, the Superior Courts also have video conference facilities which you could use.

It depends on the circumstances of each case. In simple divorce cases where there are no custody and property settlement issues, a divorce matter could be concluded in three months; at most, six months. Contentious cases can run for as much as three years.

Yes, there is a cause of action known as “breach of promise of marriage”. You need to prove that, indeed, there was such a promise made to you, what you did based on that promise and the effect of the broken promise on you.

Yes, we welcome virtual consultations. We use Zoom, Microsoft Teams, Google Meet, etc.

Yes. We use Zoom, Microsoft Teams, Google Meet, etc. But before we act on your behalf, you need to sign an agreement for legal services.

Yes

Yes, we do in-person consultations as well. But before we act on your behalf, you need to sign an agreement for legal services.

Yes. But before we act on your behalf, you need to sign an agreement for legal services.

Yes. We accept Vodafone Cash, MTN Momo, Zeepay, direct bank transfer, etc.

Yes.

Adoption

No. You can only adopt a child of 18 years or below.

Yes, if you are a Ghanaian, you can do so.

Yes. But if you are adopting a child alone, you must be between 25 – 50 years old. You must also be. At least 21 years older than the child you intend to adopt. If you are adopting jointly with another person, then, at least, one of you must satisfy these conditions.

If you make the adoption under the Children’s Act, then you must go through the courts and it is only a court that can grant you the adoption order. However, adoption could also be done under customary law which need not be in writing.

Yes.

Yes. But kindly note that there are many stringent conditions regarding such adoptions under the law.

Yes. It is the governmental agency responsible for foster-care and adoptions under the Children’s Act. In all adoption cases, the Department of Social Welfare is an interested party. Accordingly, the Department will have to conduct investigations into the background and lifestyle of the applicants to ascertain if they are financially fit and morally capable of adopting the child. The findings of the Department would be submitted before the Court to assist the Court in making its order for the adoption.

Yes. Single persons as well as married couples can adopt a child/children.

Yes. The marriage certificate will serve as evidence of marriage between the two people who are adopting the child.

Yes. The nature of your marriage is irrelevant. The most important thing is that, you should be able to show evidence of your marriage.

Yes. It will form part of the Social Welfare officer’s report to the Court.

No. It is entirely up to you. You can maintain the child’s name as it is or change it.

Yes. You or any person you have appointed as your attorney in a power of attorney could sign the necessary affidavits required for making the application for adoption.

By the Scale of Fees approved by the Ghana Bar Association (2015), the legal fee ranges between the Ghana Cedi equivalent of US$2000 –US$4,000. Also, filing fees and other incidental expenses will be assessed and separately charged. A deposit will usually be demanded and paid before the process will begin. There is room for negotiation for payment by instalment as well. Please note that inter-country adoptions that were introduced into the Children’s Act in 2016 attract higher legal fees as the procedures are different.

Between three months to one year, depending on the circumstances of each case. They include providing all the required information to your lawyer on time, providing information and access to the social welfare officer on time, filing the requisite information in court on time, whether the child is a relative or not, whether it is intra-country or inter-country adoption, etc. 

Yes. From the moment the adoption order is granted, the child becomes your child for all purposes, including naming him/her as a beneficiary under your employment benefits, Will, etc.

DISCLAIMER: This FAQs is intended to give general information only. It is not legal advice and it is not intended to be used as such. Please consult a lawyer for legal advice.