Cohabitation Is Not Recognised as Marriage Under Ghanaian Law – Lawyer Clarifies
Lawyer Bernard Kwaasi Addo-Kwafo has clarified that under Ghanaian law, no matter how long two people live together, their relationship does not automatically become a marriage.
His comments come in the wake of public discussions about a man who was ordered by court to pay GH¢200,000 to a woman he had promised to marry but later broke that promise after 11 years. Speaking on Business Breakfast on Zed 101.9FM, Lawyer Addo-Kwafo explained that while cohabitation has long been a part of society, it does not enjoy the same legal recognition and protections as marriage.
“Cohabiting has always been a part of us, it is as old as Adam, as we usually say but cohabitation has its own ups and downs, and it is regulated by law,” he noted.
According to him, the law in Ghana is explicit that cohabitation never into marriage, regardless of how many years the couple has lived together.
He explained that couples who live together without formalizing their union under customary, ordinance, or Islamic marriage laws remain partners in the eyes of the law, not spouses.
Lawyer Addo-Kwafo emphasized that cohabiting partners are not entitled to the legal protections granted to married couples under the 1992 Constitution.
He referenced 1992 Constitution of Ghana, particularly Article 22, which provides property rights and protections for spouses, explaining that such protections apply strictly to legally recognized marriages.
“You don’t get the protection that is offered by Article 22, which is for married persons,” he said. “Cohabitation does not accord you the status of marriage.”
The lawyer explained that any assets acquired during cohabitation are treated differently from those acquired within a legally recognized marriage.
“If you cohabit with someone and decide to acquire property together, it will be based strictly on the equities of your contribution,” he stated.
Lawyer Addo-Kwafo advised individuals in cohabiting relationships to be fully aware of the legal implications of their choices and to take necessary steps if they desire the legal protections associated with marriage.
“Whatever you are doing together, you are doing it as partners not as a married couple,” he reiterated.
He encouraged couples to seek legal advice and properly formalize their unions if they intend to benefit from the protections guaranteed under Ghanaian law.
The Legal practitioner also stated that infidelity, on its own, is not a legal wrong under Ghanaian law, although it can serve as a basis for divorce when it leads to the breakdown of a marriage.
He explained that adultery or infidelity between two adults does not attract criminal sanctions because the law recognises the principle of consent.
“Infidelity or adultery is not in itself a legal wrong. If she is an adult and whoever she is engaging in that relationship with is also an adult, then they are two consenting adults. The law is clear on that,” he said.
According to him, where two adults willingly engage in a relationship, the law does not provide a direct remedy simply on moral grounds.
Lawyer Addo-Kwafo distinguished between moral and legal considerations, noting that while infidelity may be morally objectionable, it does not automatically amount to a punishable legal offence.
