A Ghanaian legal practitioner, Ms. Nina Sackey, has emphasised that the country’s legal system does not grant mistresses or side partners any form of spousal recognition, regardless of how long they may have lived with a man. Her explanation, grounded in Article 22 of the 1992 Constitution, makes it clear that only officially recognised spouses can rely on the law when a marriage ends or when a partner passes away.
Under the constitutional provision, a surviving spouse can request a share of a deceased partner’s estate if they were not catered for in a will. This protection, however, applies strictly to those whose marriages are recognised by law. Individuals involved in unofficial relationships fall entirely outside this safety net, even though public discussions have repeatedly pushed for reforms.
While these women cannot claim personal benefits, any children they have with their partners are fully entitled to legal protection. A mother in such a situation may approach the appropriate tribunal to secure support for the child, but the law offers no avenue for her to claim maintenance for herself.
According to Ms. Sackey, her legal practice has revealed that many women in unofficial relationships expect the kind of financial and emotional attention typically associated with marriage. Yet the law only acknowledges their children, not the relationships themselves. She added that even extended periods of cohabitation—lasting a decade or more—do not create any form of legal marriage or entitlement in Ghana.
Ms. Sackey outlined the country’s three forms of legally recognised marriages: customary, Muhammadan, and ordinance marriages. Customary unions rely on family involvement and the performance of traditional rites and may involve multiple wives. Islamic marriages, also potentially polygamous, must be registered shortly after the ceremony. Ordinance marriages, on the other hand, allow only one spouse and require official registration preceded by public notice or the granting of a special licence. She cautioned that many modern wedding venues do not meet the legal requirements for valid ordinance marriages.
On matters of property, she drew attention to Supreme Court decisions which establish that assets acquired during marriage are presumed to belong to both spouses unless proven otherwise. Contributions made by a partner—whether financial or domestic—carry significant weight when determining who is entitled to what. Courts may even assign a property to one spouse while compensating the other through monetary awards, depending on the circumstances. She added that even when a husband claims a property belongs to extended family members, a wife could still receive a share if evidence shows she contributed or both parties treated it as jointly owned.
Regarding divorce, she explained that Ghana’s Matrimonial Causes Act recognises only one guiding principle: the marriage must have broken down beyond repair. Acts such as adultery, abandonment, or unreasonable conduct may be used to demonstrate this. Courts always attempt reconciliation before ending the marriage and may direct how children should be supported and how property should be distributed.
She further highlighted that customary marriages are not exempt from this legal framework. Women in traditional unions are entitled to seek divorce and property settlement through the courts rather than relying solely on family negotiations, which do not offer the same legal remedies.
Ms. Sackey stressed the need for a dedicated legislative framework to address spousal rights and property distribution comprehensively. She noted that the current rules are scattered across different legal sources, leaving mistresses and side partners without any form of protection under the law.
