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Family Law & Practice practice questions

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Question 1Role knowledge and related same-jurisdiction law

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?

  1. Three months Correct answer.
  2. One month
  3. Six months
  4. Twelve months

Explanation

Section 62 of the Marriages Act (CAP 127) provides that if the marriage is not celebrated within three months after the entry of the notice, the notice and all subsequent proceedings are void, and a new notice must be given.

Question 2Role knowledge and related same-jurisdiction law

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?

  1. Consent of the families of the two parties to the marriage Correct answer.
  2. A written marriage contract signed by the heads of both families
  3. Registration of the marriage at the District Assembly within 21 days
  4. The blessing of the marriage in a licensed customary house of worship

Explanation

Yaotey v. Quaye outlines the core essentials of a customary marriage: agreement of the parties, consent of the families of both parties, and the formal delivery or giving of the bride to the groom's family (often accompanied by head drink).

Question 3Role knowledge and related same-jurisdiction law

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

  1. The marriage remains legally valid if all customary essentials are met Correct answer.
  2. The marriage becomes void ab initio
  3. The marriage is deemed voidable and can be set aside by a court
  4. The parties are prosecuted for a criminal misdemeanor but the marriage is void

Explanation

Although PNDCL 112 (as amended by PNDCL 263) was enacted to encourage registration, Ghanaian courts have consistently held that registration is directory, not mandatory for validity. A customary marriage remains valid if its customary essentials are satisfied.

Question 4Role knowledge and related same-jurisdiction law

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

  1. Within one week Correct answer.
  2. Within twenty-four hours
  3. Within fourteen days
  4. Within one month

Explanation

Section 23 of CAP 127 mandates that every Mohammedan marriage must be registered in the register of Mohammedan marriages and divorces within one week of the celebration of the marriage.

Question 5Role knowledge and related same-jurisdiction law

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

  1. If the parties knowingly and wilfully marry under a false name or in a place not licensed Correct answer.
  2. If the marriage was celebrated without the presence of the bride's family head
  3. If the marriage certificate was not signed by the Registrar-General himself
  4. If the marriage is not registered in the national registry within 3 months

Explanation

Section 74 of CAP 127 states that a marriage is null and void if both parties knowingly and wilfully acquiesce in its celebration in any place other than the office of a registrar of marriages or a licensed place of worship, or without a registrar's certificate or special license.

Question 6Role knowledge and related same-jurisdiction law

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

  1. The father, or if dead or incapable, the mother, or if both dead, the guardian Correct answer.
  2. The head of the family of the maternal uncle
  3. The Minister of Justice or Attorney-General of Ghana
  4. The Senior Registrar of the High Court in the district

Explanation

Section 59 of CAP 127 requires the written consent of the father, or if dead, mad, or out of the jurisdiction, the mother, or if both are dead or incapable, the guardian, before a minor can marry under the Ordinance.

Question 7Role knowledge and related same-jurisdiction law

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

  1. A relationship by marriage that legally bars the parties from marrying each other Correct answer.
  2. A genetic relationship by blood that makes a marriage contract void
  3. The state of being already married under customary law to a third party
  4. A mental incapacity that prevents a party from understanding the marriage contract

Explanation

Affinity refers to the relationship created by marriage (e.g., step-relations, in-laws), which forms a legal bar to marriage under the prohibited degrees of relationship. Consanguinity, on the other hand, refers to blood relationships.

Question 8Role knowledge and related same-jurisdiction law

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

  1. They must contract a marriage under the Ordinance in accordance with CAP 127 Correct answer.
  2. They must dissolve their customary marriage first before marrying under the Ordinance
  3. They must file a petition in the High Court for a declaration of monogamy
  4. No conversion is possible; a customary marriage can never be made monogamous

Explanation

Under Ghanaian law, parties who have contracted a valid customary marriage can later contract an Ordinance marriage under CAP 127 with each other. This act effectively converts their potentially polygamous customary union into a monogamous Ordinance marriage.

Question 9Role knowledge and related same-jurisdiction law

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

  1. It is fully valid if the families of both parties consent and participate in the ceremony Correct answer.
  2. It is void unless ratified by a High Court judge within 30 days
  3. It is only valid if a power of attorney is registered with the Registrar-General
  4. It is void because customary law requires the physical presence of both spouses

Explanation

Customary law fully recognizes marriage by proxy. As long as the consent of both families is obtained, dowry/head drink is paid, and representatives of the parties celebrate the marriage, the union is valid.

Question 10Role knowledge and related same-jurisdiction law

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

  1. No, it remains a customary marriage with all its legal attributes, including polygamous potential Correct answer.
  2. Yes, registration automatically converts it into a monogamous Ordinance marriage
  3. Yes, it restricts the husband from marrying another wife unless he obtains court leave
  4. No, it merely registers the marriage for tax purposes but strips it of customary status

Explanation

Registration of a customary marriage under CAP 127 Part I provides written evidence of the marriage but does not alter its character. It remains a customary marriage, and the husband retains the capacity to contract other customary marriages.

Question 11Role knowledge and related same-jurisdiction law

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

  1. The family head or other senior family members can override the parents' refusal and grant consent Correct answer.
  2. They can petition the Family Tribunal to grant statutory consent
  3. They can marry under customary law without any family consent, as consent is no longer essential
  4. They can only marry under Islamic law, which does not require family involvement

Explanation

Customary law consent is family-based, not strictly parental. If a father or mother arbitrarily refuses consent, other senior family members (such as the head of family, uncles, or aunts) can provide the necessary consent if the union is deemed appropriate.

Question 12Role knowledge and related same-jurisdiction law

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

  1. Twenty-one days Correct answer.
  2. Seven days
  3. Fourteen days
  4. Thirty days

Explanation

Section 61 of CAP 127 requires the registrar to enter the notice details in the Marriage Notice Book and expose the notice on the outer door of the office for twenty-one days before a certificate can be issued.

Question 13Role knowledge and related same-jurisdiction law

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?

  1. The Minister of Justice (or an authorized officer) Correct answer.
  2. The Chief Justice of Ghana
  3. The Registrar-General of Ghana
  4. The President of the Ghana Bar Association

Explanation

Section 69 of CAP 127 empowers the Minister responsible for Justice (or any person authorized by him) to dispense with notice requirements and grant a special license authorizing the celebration of a marriage.

Question 14Role knowledge and related same-jurisdiction law

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?

  1. The bridegroom, the Wali (bride's guardian), two witnesses, and the licensed Mohammedan priest Correct answer.
  2. The bridegroom, the bride, the Registrar of Marriages, and the Chief Imam
  3. The bride, the bridegroom, the head of both families, and a District Magistrate
  4. The bridegroom, two witnesses, and the Minister of Justice

Explanation

Section 24 of CAP 127 requires the bridegroom, the Wali (bride's agent/guardian), two witnesses, and the licensed Mohammedan priest who celebrated the marriage to sign the certificate of marriage.

Question 15Role knowledge and related same-jurisdiction law

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

  1. It serves as the formal seal of the marriage contract, symbolizing the consent of the families Correct answer.
  2. It is a form of rental payment that grants temporary custody of the bride
  3. It is a mandatory gift to the chief of the town where the marriage is celebrated
  4. It is a penalty paid to the bride's family for taking away their member

Explanation

The presentation and acceptance of the head drink (tsa or tiri nsa) is the legal seal of a customary marriage. It signifies family consent, establishes the marriage contract, and distinguishes a marriage from concubinage.

Question 16Role knowledge and related same-jurisdiction law

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?

  1. It is void ab initio, and the person may be guilty of bigamy Correct answer.
  2. It is valid, and automatically dissolves the customary marriage with A
  3. It is voidable at the option of wife A within one year of discovery
  4. It is valid, and the person is legally married to both under dual systems

Explanation

Under Section 74 of CAP 127, any person married under the Ordinance is incapable of contracting a valid customary marriage, and vice versa. If a person has a subsisting customary marriage and marries another under the Ordinance, that Ordinance marriage is void, and they commit bigamy.

Question 17Role knowledge and related same-jurisdiction law

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

  1. Neither party can contract any other valid marriage while the Ordinance marriage subsists Correct answer.
  2. The husband is automatically entitled to all the self-acquired property of the wife
  3. The marriage can only be dissolved by customary arbitration in the presence of family heads
  4. The wife loses her independent legal capacity to sue and be sued in her own name

Explanation

An Ordinance marriage is strictly monogamous. Under CAP 127, neither party can contract any other marriage (Ordinance or customary) during the subsistence of the marriage, on pain of nullity and bigamy charges.

Question 18Role knowledge and related same-jurisdiction law

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?

  1. They can register it at any time later by submitting the required application accompanied by statutory affidavits Correct answer.
  2. They cannot register it anymore; they must celebrate a new customary marriage
  3. They must pay a fine to the High Court and obtain a registration decree
  4. They must convert the marriage to an Ordinance marriage before it can be registered

Explanation

There is no strict time limit that prevents registration of a customary marriage. The parties can register the marriage late by submitting the application and supporting affidavits to the Registrar of Marriages at the District Assembly.

Question 19Role knowledge and related same-jurisdiction law

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

  1. The child is fully legitimate, as registration does not affect the validity of the customary marriage Correct answer.
  2. The child is deemed illegitimate until the marriage is registered
  3. The child is illegitimate but can be legitimated by a family meeting
  4. The child is a ward of the state under the Children's Act 1998

Explanation

Because registration is directory and does not affect the validity of the customary marriage, the parents are legally married under customary law. Consequently, any child born of the marriage is legitimate.

Question 20Role knowledge and related same-jurisdiction law

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

  1. The Wali acts as the bride's guardian or representative whose consent is required to contract the marriage Correct answer.
  2. The Wali is the licensed priest who officiates the marriage
  3. The Wali is the state registrar who registers the marriage at the District Assembly
  4. The Wali is one of the two mandatory witnesses required by the Registrar-General

Explanation

Under Islamic law as recognized in CAP 127 Part II, a woman cannot contract a marriage on her own behalf. A Wali (guardian/representative) must act for her, consent to the marriage, and sign the marriage register.

Question 21Role knowledge and related same-jurisdiction law

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?

  1. That the marriage has broken down irretrievably Correct answer.
  2. Adultery by the respondent
  3. Desertion by the respondent for more than two years
  4. Extreme cruelty and behavior making cohabitation impossible

Explanation

Section 1(1) of Act 367 states that a petition for divorce may be presented by either party to the marriage on the sole ground that the marriage has broken down irretrievably.

Question 22Role knowledge and related same-jurisdiction law

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?

  1. That the petitioner finds it intolerable to live with the respondent Correct answer.
  2. That the adultery occurred within the jurisdiction of Ghana
  3. That the adultery resulted in the birth of an illegitimate child
  4. That the adultery was committed with multiple third parties

Explanation

Section 2(1)(a) requires the petitioner to prove two things: that the respondent has committed adultery, and that the petitioner finds it intolerable to live with the respondent. Committing adultery alone is not enough if cohabitation continues comfortably.

Question 23Role knowledge and related same-jurisdiction law

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

  1. That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent Correct answer.
  2. That the respondent's behavior constitutes a criminal offence under the Criminal Offences Act
  3. That the respondent's behavior is viewed as intolerable by a reasonable bystander
  4. That the respondent has been diagnosed with a severe psychiatric condition

Explanation

Section 2(1)(b) defines this fact as: the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. This is a mixed subjective-objective test.

Question 24Role knowledge and related same-jurisdiction law

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

  1. A continuous period of at least two years immediately preceding the presentation of the petition Correct answer.
  2. A cumulative period of two years over the course of the marriage
  3. A continuous period of at least one year immediately preceding the petition
  4. A continuous period of five years

Explanation

Section 2(1)(c) of Act 367 requires the petitioner to prove that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition.

Question 25Role knowledge and related same-jurisdiction law

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:

  1. The respondent consents to a decree of divorce being granted Correct answer.
  2. The petitioner pays financial compensation to the respondent
  3. There are no minor children of the marriage
  4. The separation was caused by the respondent's military deployment

Explanation

Section 2(1)(d) allows divorce based on two years' separation, but only if the respondent consents to the divorce. If the respondent objects, the petitioner must wait for five years' separation or prove another fact.

Question 26Role knowledge and related same-jurisdiction law

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):

  1. The petitioner can obtain a divorce without the consent of the respondent Correct answer.
  2. The court must grant the divorce automatically without hearing the respondent
  3. The petitioner is barred from claiming any ancillary relief or maintenance
  4. The court can only grant a decree of judicial separation, not a dissolution

Explanation

Section 2(1)(e) of Act 367 allows a divorce decree to be granted after five years of separation. Under this fact, the consent of the respondent is not required, although the respondent can still contest ancillary matters.

Question 27Role knowledge and related same-jurisdiction law

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

  1. The court must point out the possibility of reconciliation and may adjourn proceedings to allow mediation Correct answer.
  2. The court must mandate a 6-month counseling period before hearing any divorce petition
  3. The court has no role in reconciliation; it must strictly adjudicate the legal dispute
  4. The court must dismiss the petition if either party expresses any hope of saving the marriage

Explanation

Section 8 of Act 367 requires the court to consider the possibility of reconciliation. If at any stage it appears there is a reasonable prospect of reconciliation, the court may adjourn the proceedings and refer the parties to a conciliator.

Question 28Role knowledge and related same-jurisdiction law

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

  1. The High Court and the Circuit Court Correct answer.
  2. The High Court exclusively
  3. The District Court and the Family Tribunal
  4. The Supreme Court of Ghana

Explanation

Under Section 43 of Act 367 (interpretation of "court"), jurisdiction to hear matrimonial causes is vested in the High Court and the Circuit Court.

Question 29Role knowledge and related same-jurisdiction law

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?

  1. Ordinary residence in Ghana for at least three years immediately preceding the petition Correct answer.
  2. Continuous residence in Ghana for at least one year immediately preceding the petition
  3. Ownership of real property in Ghana and a valid residence permit
  4. Ordinary residence in Ghana for at least six months

Explanation

Section 31(b) of Act 367 provides that the court has jurisdiction where the petitioner has been ordinarily resident in Ghana for at least three years immediately preceding the presentation of the petition.

Question 30Role knowledge and related same-jurisdiction law

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

  1. It allows parties to customary marriages to apply to the court for dissolution and ancillary reliefs under the Act Correct answer.
  2. It declares all customary marriages subject to automatic statutory dissolution after 2 years separation
  3. It prohibits the courts from applying Act 367 to customary marriages under any circumstances
  4. It mandates that customary divorces must first be approved by the Registrar-General

Explanation

Section 41 of Act 367 states that a party to a marriage other than a monogamous marriage (such as customary marriages) may apply to the court for dissolution or other relief under the Act, and the court may make any appropriate orders.

Question 31Role knowledge and related same-jurisdiction law

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

  1. When the head drink or dowry is formally returned to and accepted by the husband's family Correct answer.
  2. When the parties sign a statutory declaration of separation before a notary public
  3. As soon as the wife leaves the matrimonial home with her personal effects
  4. When the local chief issues a customary divorce certificate

Explanation

Under customary law, the formal dissolution of marriage requires the return of the head drink (tsa) or a portion of the dowry to the husband's family. Acceptance of this return symbolizes the official release of the parties from the marital contract.

Question 32Role knowledge and related same-jurisdiction law

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

  1. Proof on a balance of probabilities Correct answer.
  2. Proof beyond a reasonable doubt
  3. Proof to a absolute certainty
  4. Proof by a clear and convincing standard

Explanation

Matrimonial causes are civil actions. Therefore, the standard of proof required is the balance of probabilities, as in other civil litigation in Ghana.

Question 33Role knowledge and related same-jurisdiction law

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

  1. An interim financial support order made by the court for a spouse while the divorce petition is still being litigated Correct answer.
  2. A permanent financial support order granted after the final divorce decree is issued
  3. A financial order made to maintain the matrimonial property during separation
  4. An order requiring the respondent to pay the petitioner's filing fees only

Explanation

Section 19 allows the court to make an order for maintenance pending suit (alimony pendente lite), which requires one party to pay the other reasonable maintenance until the final determination of the divorce suit.

Question 34Role knowledge and related same-jurisdiction law

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

  1. The financial needs, obligations, earning capacity, and resources of each party Correct answer.
  2. Which party was at fault for the breakdown of the marriage
  3. The customary preferences of the families of both spouses
  4. The religious affiliation of the parties and their wedding cost

Explanation

Act 367 moved away from fault-based logic. In ordering financial provision, the court evaluates the financial needs, resources, obligations, and earning capacities of the parties to ensure an equitable outcome.

Question 35Role knowledge and related same-jurisdiction law

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

  1. It does not exist under Act 367, as the law focuses on irretrievable breakdown and reconciliation Correct answer.
  2. It is a valid remedy that the court can grant to force a runaway spouse to return home
  3. It is only available in customary marriages, not Ordinance marriages
  4. It has been replaced by a mandatory criminal charge of abandonment

Explanation

Act 367 does not contain any provision for the restitution of conjugal rights, which was an old English law remedy to force spouses to cohabit. The modern Ghanaian law focuses on irretrievable breakdown and voluntary reconciliation.

Question 36Role knowledge and related same-jurisdiction law

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

  1. That the marriage has not been consummated owing to the wilful refusal of the respondent Correct answer.
  2. That either party was already married under customary law to a third party
  3. That the parties are within the prohibited degrees of consanguinity
  4. That the ceremony was celebrated by an unlicensed person in an open street

Explanation

A voidable marriage is valid until set aside by a decree of nullity. Under nullity principles, wilful refusal to consummate or incapacity to consummate renders a marriage voidable, whereas bigamy or consanguinity renders it void ab initio.

Question 37Role knowledge and related same-jurisdiction law

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

  1. The court may order a division of the matrimonial property or make a property settlement that is just and equitable Correct answer.
  2. The court must divide all properties equally, regardless of when they were acquired
  3. The court has no power to touch properties; they must remain with the party who holds the legal title
  4. The court must award all properties to the innocent spouse

Explanation

Section 20 of Act 367 gives the court wide discretion to order a property settlement or division that it deems just and equitable, taking into account the contributions and needs of the parties.

Question 38Role knowledge and related same-jurisdiction law

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

  1. Attempts at reconciliation must be made and fail before the divorce is finalized Correct answer.
  2. The husband must file a written petition with the local traditional council
  3. The parties must publish a notice of divorce in the national gazette
  4. The wife's family must pay a fine to the husband's family in all cases

Explanation

Customary law strongly favors the preservation of marriage. A customary arbitration panel will first make serious attempts to reconcile the parties. Only when reconciliation fails will they proceed to dissolve the marriage.

Question 39Role knowledge and related same-jurisdiction law

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

  1. Within one week Correct answer.
  2. Within one month
  3. Within twenty-four hours
  4. Within fourteen days

Explanation

Section 25 of CAP 127 requires that every Mohammedan divorce must be registered in the register of Mohammedan marriages and divorces within one week of its occurrence.

Question 40Role knowledge and related same-jurisdiction law

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

  1. A dissolution of the marriage by a Qadi or court upon the application of the wife on grounds such as neglect or abuse Correct answer.
  2. A unilateral repudiation of the wife by the husband saying "Talaq" three times
  3. A divorce initiated by the wife where she returns the dower to the husband (mutual release)
  4. A temporary separation period of three months before remarriage

Explanation

Faskh is a judicial dissolution of an Islamic marriage. It is initiated by the wife through a Qadi or court when there are grounds such as the husband's failure to maintain, cruelty, or desertion.

Question 41Role knowledge and related same-jurisdiction law

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?

  1. Non-monetary contributions must be valued and treated as a substantial contribution toward the acquisition of joint property Correct answer.
  2. Non-monetary contributions are ignored unless the wife can prove she also paid rent
  3. Non-monetary contributions only entitle the wife to a maximum of 10% of the estate
  4. Non-monetary contributions are only considered if the marriage lasted for more than 25 years

Explanation

Boafo v. Boafo held that a spouse's non-monetary contribution as a homemaker, mother, and support system is substantial and must be factored into property division, reinforcing the equality is equity doctrine.

Question 42Role knowledge and related same-jurisdiction law

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?

  1. Property acquired by one spouse prior to the marriage or inherited separately during the marriage Correct answer.
  2. The matrimonial home if the title deed is solely in the husband's name
  3. Jointly acquired family cars used to transport the children
  4. Properties purchased during the marriage using joint bank accounts

Explanation

Fynn v. Fynn clarifies that property acquired before the marriage or inherited individually during the marriage is generally separate property, not joint matrimonial property, unless it was commingled or improved by the joint efforts of both spouses.

Question 43Role knowledge and related same-jurisdiction law

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

  1. Eighteen years Correct answer.
  2. Twenty-one years
  3. Sixteen years
  4. Any age, provided they are married

Explanation

Section 1(1) of the Wills Act, 1971 (Act 360) states that any person of the age of eighteen years or above and of sound mind may make a will.

Question 44Role knowledge and related same-jurisdiction law

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?

  1. At least two competent witnesses Correct answer.
  2. At least one witness, who must be a lawyer or notary public
  3. Three witnesses, one of whom must be the head of family
  4. No witnesses are required if the will is written entirely in the testator's hand (holographic)

Explanation

Section 2(1) of Act 360 requires a will to be executed in the presence of two or more witnesses present at the same time, who must attest and sign the will in the presence of the testator.

Question 45Role knowledge and related same-jurisdiction law

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?

  1. The bequest to the witness is null and void, but the rest of the will remains valid Correct answer.
  2. The entire will is void ab initio
  3. The bequest is valid if the witness was also a relative of the testator
  4. The witness is disqualified from acting as a witness but receives the bequest

Explanation

Section 7 of Act 360 provides that if a person attests the execution of a will, any devise, bequest, or gift made to that person or their spouse is void. However, the witness remains competent to attest the execution, meaning the rest of the will remains valid.

Question 46Role knowledge and related same-jurisdiction law

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?

  1. They can apply to the High Court for reasonable provision to be made for them out of the estate of the deceased Correct answer.
  2. They can automatically declare the will void and divide the estate under PNDCL 111
  3. They have no recourse; the principle of testamentary freedom is absolute in Ghana
  4. They can sue the executors for damages for breach of family duty

Explanation

Section 13 of Act 360 allows a spouse or child to apply to the High Court if they are not reasonably provided for in the testator's will. If satisfied, the court may order that reasonable provision be made out of the estate for their maintenance and education.

Question 47Role knowledge and related same-jurisdiction law

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

  1. No, it applies exclusively to the self-acquired property of the deceased person Correct answer.
  2. Yes, it applies to all property, including ancestral and stool-owned lands
  3. Yes, but family property can only be distributed to maternal uncles
  4. No, it only applies to properties located within the Greater Accra Region

Explanation

Section 1(1) of PNDCL 111 makes it clear that the Act applies to the self-acquired property of a person who dies intestate. Lineage, stool, or family property is governed by customary law and is not subject to PNDCL 111.

Question 48Role knowledge and related same-jurisdiction law

Under Sections 3 and 4 of the Intestate Succession Act, 1985 (PNDCL 111), what happens to the deceased's single house and household chattels?

  1. They go to the surviving spouse and children absolutely as tenants in common Correct answer.
  2. They are inherited by the head of the deceased's customary family
  3. They must be sold, and the proceeds divided among all extended family members
  4. They go to the oldest son of the deceased under the rule of primogeniture

Explanation

Section 3 of PNDCL 111 gives the household chattels to the surviving spouse and children absolutely. Section 4 provides that where the estate includes only one house, the surviving spouse and children take that house, holding it as tenants in common. Either way, these assets pass to the nuclear family, not the wider customary family.

Question 49Role knowledge and related same-jurisdiction law

Under Section 5 of PNDCL 111, if a deceased intestate is survived by a spouse, children, a parent, and a customary family, what fraction of the remaining estate goes to the surviving spouse?

  1. Three-sixteenths (3/16) Correct answer.
  2. Nine-sixteenths (9/16)
  3. One-eighth (1/8)
  4. One-fourth (1/4)

Explanation

Section 5 of PNDCL 111 outlines the distribution of the residue of the estate: surviving spouse gets 3/16, children get 9/16, surviving parent gets 1/8, and the customary family gets 1/8.

Question 50Role knowledge and related same-jurisdiction law

Under Section 5 of PNDCL 111, where an intestate is survived by a spouse, children, a parent, and a customary family, what fraction of the residue goes to the children?

  1. Nine-sixteenths (9/16) Correct answer.
  2. Three-sixteenths (3/16)
  3. One-eighth (1/8)
  4. One-half (1/2)

Explanation

Under the residual distribution rules of Section 5 of PNDCL 111, the children of the deceased are entitled to nine-sixteenths (9/16) of the residue of the estate.