The Director of the Ghana School of Law, Barima Nana Yaw Kodie Oppong, says a prenuptial agreement may be considered an illegality in Ghana.
According to him, the constitution has laid down the parameters surrounding how property acquired during a marriage may be divided at the end of the marriage, thus such an agreement may be considered null.
He said this while discussing marital property division on the Super Morning Show on JoyFM, Friday, November 3.
“But we don’t have the agreement before marriage, the prenup that people talk about. Under the constitution as it stands now I’ll say that it may be declared an illegality. It will depend on how you also go to court and argue.
But then it’s because the constitution has now determined that it is property acquired during the marriage, the subsistence of the marriage and where there is evidence of joint acquisition that becomes the subject for distribution at the time of the dissolution of the marriage.
“So that even during the subsistence of the marriage or before you agree that this property is for me, or when I acquire three houses in Accra, two will belong to me and one will belong to you.
“Because the constitution has set out the parameters for determination, it may have a challenge especially where one person dies which for me is bigger than dissolution,” he explained.
The discussion followed the recent dissolution of former Ghanaian captain, Asamoah Gyan’s marriage to his ex-wife, Gifty.
The former Ghana international has been ordered to pay GHȼ25,000 monthly towards the welfare and upkeep of his three children with his ex-wife.
The GHȼ25,000 for the welfare and upkeep of the three children does not include their educational expenses, medical and dental care settlements, and aircraft tickets for travel, among other costs.
Gyan is also to compensate his former wife with a house he owns in the United Kingdom, and another four-bedroom house in Ghana, a land and a couple of cars.
