Dear Mirror Lawyer, My wife and I have been married for 12 years and have two children, Pearl, aged 11 and Perry, aged seven.
I am an engineer and have been unemployed for the past five years, while my wife is currently a second-year student at the Ghana School of Law.
For the past three years, my wife has persistently refused to engage in sexual relations with me and has, on at least three occasions, suggested that I may leave the marriage if I so desire.
However, I remain in the marriage because I intend to be ordained into the ministry as a reverend, which requires me to be married.
I need advice on my legal position under Ghanaian matrimonial law, particularly whether my wife’s conduct may constitute grounds for divorce.
Daniel Akuffo, Accra.
Dear Daniel, under Ghanaian matrimonial law, the Matrimonial Causes Act, 1971 (Act 367) is the primary statute governing divorce.
Section 1 of the Act provides that the sole ground for divorce is that the marriage has broken down beyond reconciliation and section 2 sets out the facts by which that breakdown may be proved.
Your scenario raises the issue of unreasonable behaviour under section 2(1)(b) of Act 367. That provision requires proof that “the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.”
Persistent refusal of sexual relations over a prolonged period may amount to unreasonable behaviour, depending on the circumstances.
Ghanaian courts have recognised that marital consortium, including sexual relations, is an essential part of marriage. In Addo v. Addo, the court held that a wilful and prolonged refusal to have sexual intercourse could amount to unreasonable behaviour and in the circumstances of that case, it supported the conclusion that the marriage had broken down beyond reconciliation.
If you can prove that the refusal is deliberate, persistent and has made cohabitation intolerable, you may be able to satisfy the requirement under section 2(1)(b). Your wife’s statements that you may leave the marriage may also support the argument that she is withdrawing from the marital relationship.
That said, the court will focus on whether the marriage has broken down beyond reconciliation, not on your personal reason for remaining in the marriage. Your intention to become a reverend is not, by itself, a legal bar to divorce.
The court may also encourage reconciliation or settlement efforts before granting a decree, because section 8 of Act 367 places emphasis on reconciliation.
If you wish to proceed, you should consult a lawyer to assess the evidence and, if appropriate, file a petition for divorce under Act 367 relying principally on unreasonable behaviour.
The strength of your case will depend on whether you can prove the sustained refusal of marital relations and the effect it has had on the marriage.
That said, this text contains a few legal points that should be stated more carefully in a final publication:
“Constructive desertion” is not the clearest primary ground to rely on here; in Ghana, the stronger framing is usually unreasonable behaviour under section 2(1)(b).
The statement that the court will “adjourn the petition” to enable settlement is too definite; the safer wording is that the court may encourage reconciliation efforts, depending on the facts and procedure.
The sentence about the court not forcing someone to divorce is better rephrased to say that divorce is not automatic and the petitioner must still prove breakdown beyond reconciliation.
