Ghana School of Law PLC: Family Law and Practice (GLC)

Under the Marriages Act (CAP 127), for how long is a registrar's certificate of notice valid from the date of the entry of the notice of marriage?

• AThree months
• BOne month
• CSix months
• DTwelve months

In the landmark case of Yaotey v. Quaye [1961] GLR 573, which of the following was established as one of the essential requirements of a valid customary law marriage in Ghana?

• AConsent of the families of the two parties to the marriage
• BA written marriage contract signed by the heads of both families
• CRegistration of the marriage at the District Assembly within 21 days
• DThe blessing of the marriage in a licensed customary house of worship

Under the Customary Marriage and Divorce (Registration) Law, 1985 (PNDCL 112), what is the statutory effect of failing to register a customary marriage?

• AThe marriage remains legally valid if all customary essentials are met
• BThe marriage becomes void ab initio
• CThe marriage is deemed voidable and can be set aside by a court
• DThe parties are prosecuted for a criminal misdemeanor but the marriage is void

Under Section 23 of the Marriages Act (CAP 127), within what timeframe must a Mohammedan (Islamic) marriage be registered after its celebration?

• AWithin one week
• BWithin twenty-four hours
• CWithin fourteen days
• DWithin one month

Under Section 74 of the Marriages Act (CAP 127), which of the following conditions makes a marriage celebrated under the Ordinance void?

• AIf the parties knowingly and wilfully marry under a false name or in a place not licensed
• BIf the marriage was celebrated without the presence of the bride's family head
• CIf the marriage certificate was not signed by the Registrar-General himself
• DIf the marriage is not registered in the national registry within 3 months

Under CAP 127, whose consent is primarily required before a person under eighteen years of age can contract a valid marriage under the Ordinance?

• AThe father, or if dead or incapable, the mother, or if both dead, the guardian
• BThe head of the family of the maternal uncle
• CThe Minister of Justice or Attorney-General of Ghana
• DThe Senior Registrar of the High Court in the district

Which of the following describes the legal impediment of "affinity" in the context of Ghanaian marriage law?

• AA relationship by marriage that legally bars the parties from marrying each other
• BA genetic relationship by blood that makes a marriage contract void
• CThe state of being already married under customary law to a third party
• DA mental incapacity that prevents a party from understanding the marriage contract

What is the statutory requirement if parties who are already married under customary law wish to convert their marriage into an Ordinance marriage?

• AThey must contract a marriage under the Ordinance in accordance with CAP 127
• BThey must dissolve their customary marriage first before marrying under the Ordinance
• CThey must file a petition in the High Court for a declaration of monogamy
• DNo conversion is possible; a customary marriage can never be made monogamous

Under Ghanaian customary law, what is the status of a marriage celebrated in the absence of one of the parties (marriage by proxy)?

• AIt is fully valid if the families of both parties consent and participate in the ceremony
• BIt is void unless ratified by a High Court judge within 30 days
• CIt is only valid if a power of attorney is registered with the Registrar-General
• DIt is void because customary law requires the physical presence of both spouses

Does the registration of a customary marriage under the provisions of CAP 127 alter the legal character of the marriage to a monogamous union?

• ANo, it remains a customary marriage with all its legal attributes, including polygamous p…
• BYes, registration automatically converts it into a monogamous Ordinance marriage
• CYes, it restricts the husband from marrying another wife unless he obtains court leave
• DNo, it merely registers the marriage for tax purposes but strips it of customary status

Under Ghanaian customary law, if the parents of the bride refuse their consent to a marriage arbitrarily, what recourse do the parties have?

• AThe family head or other senior family members can override the parents' refusal and gran…
• BThey can petition the Family Tribunal to grant statutory consent
• CThey can marry under customary law without any family consent, as consent is no longer es…
• DThey can only marry under Islamic law, which does not require family involvement

Under Section 61 of the Marriages Act (CAP 127), what is the statutory notice period that a registrar must post before issuing a certificate?

• ATwenty-one days
• BSeven days
• CFourteen days
• DThirty days

Who is statutory empowered under Section 69 of the Marriages Act (CAP 127) to dispense with the 21-day notice period by granting a special license?

• AThe Minister of Justice (or an authorized officer)
• BThe Chief Justice of Ghana
• CThe Registrar-General of Ghana
• DThe President of the Ghana Bar Association

Under Section 24 of the Marriages Act (CAP 127), which of the following lists all the parties required to sign the register of a Mohammedan marriage?

• AThe bridegroom, the Wali (bride's guardian), two witnesses, and the licensed Mohammedan p…
• BThe bridegroom, the bride, the Registrar of Marriages, and the Chief Imam
• CThe bride, the bridegroom, the head of both families, and a District Magistrate
• DThe bridegroom, two witnesses, and the Minister of Justice

What is the significance of the "head drink" (tsa / tiri nsa) in Ghanaian customary marriage?

• AIt serves as the formal seal of the marriage contract, symbolizing the consent of the fam…
• BIt is a form of rental payment that grants temporary custody of the bride
• CIt is a mandatory gift to the chief of the town where the marriage is celebrated
• DIt is a penalty paid to the bride's family for taking away their member

If a person with a subsisting customary marriage to wife A contracts an Ordinance marriage with B, what is the legal status of the Ordinance marriage with B under CAP 127?

• AIt is void ab initio, and the person may be guilty of bigamy
• BIt is valid, and automatically dissolves the customary marriage with A
• CIt is voidable at the option of wife A within one year of discovery
• DIt is valid, and the person is legally married to both under dual systems

Which of the following is a key legal consequence of contracting a marriage under the Ordinance in Ghana?

• ANeither party can contract any other valid marriage while the Ordinance marriage subsists
• BThe husband is automatically entitled to all the self-acquired property of the wife
• CThe marriage can only be dissolved by customary arbitration in the presence of family hea…
• DThe wife loses her independent legal capacity to sue and be sued in her own name

Under PNDCL 112 (Registration of Customary Marriages Law), what must the parties do if they fail to register their customary marriage within the first few years?

• AThey can register it at any time later by submitting the required application accompanied…
• BThey cannot register it anymore; they must celebrate a new customary marriage
• CThey must pay a fine to the High Court and obtain a registration decree
• DThey must convert the marriage to an Ordinance marriage before it can be registered

What is the status of a child born to parents whose customary marriage was validly celebrated but never registered under PNDCL 112?

• AThe child is fully legitimate, as registration does not affect the validity of the custom…
• BThe child is deemed illegitimate until the marriage is registered
• CThe child is illegitimate but can be legitimated by a family meeting
• DThe child is a ward of the state under the Children's Act 1998

What is the role of a Wali in the celebration of a Mohammedan marriage under the Marriages Act (CAP 127)?

• AThe Wali acts as the bride's guardian or representative whose consent is required to cont…
• BThe Wali is the licensed priest who officiates the marriage
• CThe Wali is the state registrar who registers the marriage at the District Assembly
• DThe Wali is one of the two mandatory witnesses required by the Registrar-General

Under the Matrimonial Causes Act, 1971 (Act 367), what is the sole ground on which a petition for divorce may be presented to the court?

• AThat the marriage has broken down irretrievably
• BAdultery by the respondent
• CDesertion by the respondent for more than two years
• DExtreme cruelty and behavior making cohabitation impossible

To satisfy the court under Section 2(1)(a) of Act 367 (adultery), what must a petitioner prove in addition to the fact that the respondent committed adultery?

• AThat the petitioner finds it intolerable to live with the respondent
• BThat the adultery occurred within the jurisdiction of Ghana
• CThat the adultery resulted in the birth of an illegitimate child
• DThat the adultery was committed with multiple third parties

Under Section 2(1)(b) of the Matrimonial Causes Act, 1971 (Act 367), what is the standard for proving "unreasonable behavior"?

• AThat the respondent has behaved in such a way that the petitioner cannot reasonably be ex…
• BThat the respondent's behavior constitutes a criminal offence under the Criminal Offences…
• CThat the respondent's behavior is viewed as intolerable by a reasonable bystander
• DThat the respondent has been diagnosed with a severe psychiatric condition

What is the statutory period of desertion required under Section 2(1)(c) of Act 367 to prove the irretrievable breakdown of a marriage?

• AA continuous period of at least two years immediately preceding the presentation of the p…
• BA cumulative period of two years over the course of the marriage
• CA continuous period of at least one year immediately preceding the petition
• DA continuous period of five years

Under Section 2(1)(d) of Act 367, a petitioner can prove irretrievable breakdown if the parties have lived apart for a continuous period of at least two years, provided that:

• AThe respondent consents to a decree of divorce being granted
• BThe petitioner pays financial compensation to the respondent
• CThere are no minor children of the marriage
• DThe separation was caused by the respondent's military deployment

If the parties to a marriage have lived apart for a continuous period of at least five years immediately preceding the petition (Section 2(1)(e) of Act 367):

• AThe petitioner can obtain a divorce without the consent of the respondent
• BThe court must grant the divorce automatically without hearing the respondent
• CThe petitioner is barred from claiming any ancillary relief or maintenance
• DThe court can only grant a decree of judicial separation, not a dissolution

What is the statutory duty of the court regarding reconciliation under Section 8 of the Matrimonial Causes Act, 1971 (Act 367)?

• AThe court must point out the possibility of reconciliation and may adjourn proceedings to…
• BThe court must mandate a 6-month counseling period before hearing any divorce petition
• CThe court has no role in reconciliation; it must strictly adjudicate the legal dispute
• DThe court must dismiss the petition if either party expresses any hope of saving the marr…

Which courts in Ghana have original jurisdiction to hear and determine matrimonial causes under the Matrimonial Causes Act, 1971 (Act 367)?

• AThe High Court and the Circuit Court
• BThe High Court exclusively
• CThe District Court and the Family Tribunal
• DThe Supreme Court of Ghana

Under Section 31 of Act 367, what is the residency requirement for a petitioner who is not domiciled in Ghana to invoke the court's jurisdiction?

• AOrdinary residence in Ghana for at least three years immediately preceding the petition
• BContinuous residence in Ghana for at least one year immediately preceding the petition
• COwnership of real property in Ghana and a valid residence permit
• DOrdinary residence in Ghana for at least six months

What does Section 41 of the Matrimonial Causes Act, 1971 (Act 367) provide regarding customary law marriages?

• AIt allows parties to customary marriages to apply to the court for dissolution and ancill…
• BIt declares all customary marriages subject to automatic statutory dissolution after 2 ye…
• CIt prohibits the courts from applying Act 367 to customary marriages under any circumstan…
• DIt mandates that customary divorces must first be approved by the Registrar-General

Under Ghanaian customary law, when is a customary marriage considered fully dissolved during a customary divorce?

• AWhen the head drink or dowry is formally returned to and accepted by the husband's family
• BWhen the parties sign a statutory declaration of separation before a notary public
• CAs soon as the wife leaves the matrimonial home with her personal effects
• DWhen the local chief issues a customary divorce certificate

What is the standard of proof required in divorce and matrimonial proceedings in Ghana?

• AProof on a balance of probabilities
• BProof beyond a reasonable doubt
• CProof to a absolute certainty
• DProof by a clear and convincing standard

Under Section 19 of the Matrimonial Causes Act, 1971 (Act 367), what is "maintenance pending suit"?

• AAn interim financial support order made by the court for a spouse while the divorce petit…
• BA permanent financial support order granted after the final divorce decree is issued
• CA financial order made to maintain the matrimonial property during separation
• DAn order requiring the respondent to pay the petitioner's filing fees only

In granting a financial provision order under Section 22 of Act 367, which of the following is a primary factor the court must consider?

• AThe financial needs, obligations, earning capacity, and resources of each party
• BWhich party was at fault for the breakdown of the marriage
• CThe customary preferences of the families of both spouses
• DThe religious affiliation of the parties and their wedding cost

What is the status of the remedy of "restitution of conjugal rights" under the Matrimonial Causes Act, 1971 (Act 367)?

• AIt does not exist under Act 367, as the law focuses on irretrievable breakdown and reconc…
• BIt is a valid remedy that the court can grant to force a runaway spouse to return home
• CIt is only available in customary marriages, not Ordinance marriages
• DIt has been replaced by a mandatory criminal charge of abandonment

Which of the following constitutes a ground for declaring an Ordinance marriage voidable (as opposed to void) in Ghana?

• AThat the marriage has not been consummated owing to the wilful refusal of the respondent
• BThat either party was already married under customary law to a third party
• CThat the parties are within the prohibited degrees of consanguinity
• DThat the ceremony was celebrated by an unlicensed person in an open street

Under Section 20 of the Matrimonial Causes Act, 1971 (Act 367), what power does the court have regarding matrimonial property upon divorce?

• AThe court may order a division of the matrimonial property or make a property settlement…
• BThe court must divide all properties equally, regardless of when they were acquired
• CThe court has no power to touch properties; they must remain with the party who holds the…
• DThe court must award all properties to the innocent spouse

In customary law divorce practice, which of the following is a key step in a formal customary arbitration for dissolution?

• AAttempts at reconciliation must be made and fail before the divorce is finalized
• BThe husband must file a written petition with the local traditional council
• CThe parties must publish a notice of divorce in the national gazette
• DThe wife's family must pay a fine to the husband's family in all cases

Under Section 25 of the Marriages Act (CAP 127), within what period must a Mohammedan (Islamic) divorce (Talaq) be registered?

• AWithin one week
• BWithin one month
• CWithin twenty-four hours
• DWithin fourteen days

Which of the following describes the Islamic law concept of "Faskh" as practiced in family law matters in Ghana?

• AA dissolution of the marriage by a Qadi or court upon the application of the wife on grou…
• BA unilateral repudiation of the wife by the husband saying "Talaq" three times
• CA divorce initiated by the wife where she returns the dower to the husband (mutual releas…
• DA temporary separation period of three months before remarriage

In the landmark case of Mensah v. Mensah [2012] 1 SCGLR 391, what did the Supreme Court of Ghana establish regarding the division of matrimonial property?

• AThe court established the "equality is equity" principle, making equal division the defau…
• BThe court ruled that property must be divided strictly based on the financial contributio…
• CThe court held that all property belongs to the husband unless the wife can show written…
• DThe court ruled that matrimonial property must be sold and the proceeds donated to charit…

Following the decision in Boafo v. Boafo [2005-2006] SCGLR 705, how should courts evaluate non-monetary contributions (such as homemaking and child rearing) in dividing matrimonial property?

• ANon-monetary contributions must be valued and treated as a substantial contribution towar…
• BNon-monetary contributions are ignored unless the wife can prove she also paid rent
• CNon-monetary contributions only entitle the wife to a maximum of 10% of the estate
• DNon-monetary contributions are only considered if the marriage lasted for more than 25 ye…

Under the principles set out in Fynn v. Fynn [2014] DLHC 3112, which of the following properties is generally excluded from division as matrimonial property upon divorce?

• AProperty acquired by one spouse prior to the marriage or inherited separately during the…
• BThe matrimonial home if the title deed is solely in the husband's name
• CJointly acquired family cars used to transport the children
• DProperties purchased during the marriage using joint bank accounts

Under the Wills Act, 1971 (Act 360), what is the statutory minimum age for a person to make a valid will in Ghana?

• AEighteen years
• BTwenty-one years
• CSixteen years
• DAny age, provided they are married

Under Section 2 of the Wills Act, 1971 (Act 360), how many witnesses must attest the execution of a will in the presence of the testator?

• AAt least two competent witnesses
• BAt least one witness, who must be a lawyer or notary public
• CThree witnesses, one of whom must be the head of family
• DNo witnesses are required if the will is written entirely in the testator's hand (hologra…

Under Section 7 of the Wills Act, 1971 (Act 360), what is the effect of leaving a bequest in a will to one of the attesting witnesses?

• AThe bequest to the witness is null and void, but the rest of the will remains valid
• BThe entire will is void ab initio
• CThe bequest is valid if the witness was also a relative of the testator
• DThe witness is disqualified from acting as a witness but receives the bequest

Under Section 13 of the Wills Act, 1971 (Act 360), what recourse do a surviving spouse and children have if they are left out of a will or not reasonably provided for?

• AThey can apply to the High Court for reasonable provision to be made for them out of the…
• BThey can automatically declare the will void and divide the estate under PNDCL 111
• CThey have no recourse; the principle of testamentary freedom is absolute in Ghana
• DThey can sue the executors for damages for breach of family duty

Does the Intestate Succession Act, 1985 (PNDCL 111) apply to the succession of lineage or family-owned property?

• ANo, it applies exclusively to the self-acquired property of the deceased person
• BYes, it applies to all property, including ancestral and stool-owned lands
• CYes, but family property can only be distributed to maternal uncles
• DNo, it only applies to properties located within the Greater Accra Region