Is prenuptial agreement recognized in Ghana?

Prenuptial agreement (“Prenup”) for short is usually a contract entered into by two people before they are married. Prenup usually sets out each spouse’s entitlement to the distribution of property upon dissolution of marriage. In short, parties decide on how their marital property should be distributed when they get divorced.
Prenup is recognised in countries such as France, Germany, Brazil and many others. The laws in Ghana have not made express provision to cater for Prenup. There are however various arguments and debates on the issue whether Prenup is recognized and enforceable in Ghana.
On this, the Constitution of Ghana has expressly laid the foundation for the distribution of property “jointly” acquired during marriage. This may be one of the many reasons why Prenup has been given less consideration in Ghana.
Moreover, one of the many reasons why Prenup has not been welcomed in Ghana may be due to public policy reasons and the societal value placed on marriage. Who would want to enter into marriage expecting to get divorced in the end?
Looking at the brighter side, Prenup is one’s best bet to save the Court and spouses time from the legal back and forth during divorce.
Should Prenup be recognised in Ghana? On this, we are of the opinion that the law on the distribution of marital property has gone through considerable changes and still evolving. Who knows? Prenup may be given legal recognition in Ghana.