A Legal Practitioner, Ms Nina Sackey, has stated that Ghana’s laws provide no protection for mistresses and side chicks in matters of inheritance, property sharing or spousal benefits, even if they have cohabited with a man for years.
Sharing her thoughts in an interview with The Mirror last Wednesday, Ms Sackey said under Article 22 of the 1992 Constitution, the law protects only legally recognised spouses in cases of divorce or the death of a partner.
She said the provision allowed a surviving spouse to apply to the court for a reasonable share of the deceased’s estate if nothing had been left for them.
“With respect to mistresses or side chicks, there are no laws protecting them. People have called on the Parliament of Ghana to enact such laws, but as it stands now, there are no protections for them,” she explained.
Ms Sackey, however, noted that children from such relationships were protected.
“A mistress may apply to the family tribunal for maintenance or support on behalf of her children, but not for herself," she said.
A side chick is a colloquial term for a woman one dates in addition to one's girlfriend or wife, usually in secret, whereas a mistress is a woman in a relatively long-term sexual and romantic relationship with someone who is married to another person.
Demands from mistresses
Ms Sackey, who is also an assistant registrar at the Ghana School of Law, further explained that, in practising as a lawyer, she had encountered cases in which mistresses demanded financial support, emotional attention, and companionship from their partners, believing they played the role of a wife.
“The demands are mostly about upkeep, bills and being treated like a spouse, but the law only recognises maintenance for children, not mistresses,” she indicated.
Throwing more light on the subject, Ms Sackey said cohabitation — even for 10 to 15 years — did not confer legal spousal rights on anyone.
According to her, there was no protection for informal marriages in Ghana.
Types of marriages in Ghana
Ms Sackey mentioned the three recognised marriage systems in the country as Customary, Muhammadan (Islamic) and Ordinance (civil or Christian).
She said that a customary marriage, which is often referred to as an engagement, is potentially polygamous and requires family consent and performance of traditional rites.
With the Muhammadan marriage, she said it allowed the man to marry up to four wives and the marriages must be registered within a week of the ceremony.
"Ordinance marriage is strictly monogamous and involves a 21-day public notice before registration or a special licence for quicker approval," she pointed out and cautioned that most modern weddings may not be valid under the law because some venues used were not licensed for marriage ceremonies.
Property
On property distribution after divorce or death, the deputy Ghana School of Law Registrar cited several Supreme Court rulings affirming that assets acquired during marriages were presumed to be marital property, except where proven otherwise.
She explained that both financial and domestic contributions were recognised, meaning “taking care of the home also counts.”
“In some cases, the court may give a jointly owned property to one spouse and compensate the other with money. It is determined on a case-by-case basis,” she explained.
Ms Sackey said that even when a man claimed that property belonged to his mother or relatives, the court may still award the wife a share if there was proof of a mutual understanding or contribution.
Divorce under Ghanaian law
On divorce in Ghana, she said, it was governed by the Matrimonial Causes Act and the only ground was that the marriage had broken down beyond reconciliation.
That, Ms Sackey said, may be evidenced by acts such as adultery, desertion or unreasonable behaviour.
During proceedings, she said, the court first seeks reconciliation before annulment.
She said it may also issue maintenance orders for children and divide property as appropriate.
Customary marriages also covered
She stressed that even customary marriages fell under the Matrimonial Causes Act, meaning women in traditional unions could seek divorce and property settlement through the courts.
“I always advise that parties go through the court rather than settle such matters at home, because the reliefs you get in court like maintenance and property allocation are not available through family settlements,” she advised.
She therefore called on the Parliament of Ghana to enact a specific law regulating spousal rights and property distribution, noting that current legal provisions were scattered and largely interpreted through court decisions.
“Everything about spousal rights revolves around property. We need a clear statute to guide it. As it stands, there is nothing protecting mistresses or side chicks,” she added.
Writer's email address; lydiaezit@gmail.com
