Making a case for the enforcement of prenuptial agreement in Ghana


In 2014, reported a news item in which a family lawyer and former lecturer of the Ghana Law School, Dr. Kofi Adinkrah who incidentally happened to be my Family Law lecturer, in a post captioned ‘Prenups don’t generate controversy’, urged “Ghanaian couples to enter into prenuptial agreements to tackle unforeseen challenges associated with divorce”.

In 2019, another news item, “Lawyer urges women to sign Prenuptial Agreement before marriage” was carried by In the said
report, a Muslim lawyer, Halima El-Alawa Abdul-Basit advised Muslim women in particular to sign prenuptial agreements before they finalize their marital process.

Perhaps, these reports offered opportune moments for Ghanaians to have deliberated on the issue of prenuptial agreements in Ghana, but we let them slipped by. Not much has since been heard about prenuptial agreements in Ghana. In fact, many are the lawyers in this country who have serious hesitation about whether prenuptial agreement is enforceable under Ghanaian law.

It is quite perplexing that the legal fraternity that is expected to show the path is itself divided on an issue so important as this and is therefore unable to edify Ghanaians as to its legality or otherwise in Ghana. In the face of this uncertainty, it may appear that while some are urging the Ghanaian public to enter into such agreements, others are vacillating about their validity under Ghanaian

The aim of this article therefore is to discuss the concept of prenuptial agreement.

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