Lawyer Sena Hotor, a private legal practitioner, has contended that Moroccan footballer, Achraf Hakimi would not have won his divorce law suit if it was heard in Ghana.

He based his argument on the legal principle that gives couples the right of custody over properties acquired during marriage after divorce.

He was contributing to a conversation on Joy Prime’s morning show, on the topic "Distribution of Spousal and Marital Properties during Divorce" on Thursday.

https://youtu.be/_iOrj9dpPyA

The lawyer who has been the guest of the Divorce Series on Prime Morning throughout July, explained that "As a man or woman, you can just go and buy a property and don’t even tell your spouse about it and put only your name on it; it doesn’t have any effect. It still belongs to the two of you. Once it was acquired during marriage and not a solely acquired property, then it belongs to the two of you. It doesn’t matter what name is on the document."

Where a partner decides to put the name of any relative on his or her property, the concept of tracing will be applied by the court during the divorce process, as some people hide assets by registering their property in the names of family members.

He said the law court, with its legal standing, will pursue and retain all the hidden assets for the other partner.

Responding to the question of how Achraf Hakimi, who registered his properties in his mother’s name, was able to win the lawsuit initiated by his wife, he said, "That will work in his country, not in Ghana here."

Mr. Hotor further clarified that people whose names have been registered on a property can only serve as caretakers and not custodians. Therefore, they do not have the authority to claim ownership.

"The court can decide that even though you have bought this property all in your name, we can establish where the money is coming from, and so we will come to the conclusion that you’re just holding those properties in trust for that person, and so if we need to get a property that belongs to that person, we’ll come after that," he added.

However, he said the court can only grant custody if the plaintiff is able to prove his or her contribution to the acquisition of the particular asset.

Part three of the Matrimonial Causes ACT, 1971 ACT 367 stipulates that;

1. The Court may by order restrain either party to the marriage, or any other person, from permitting the disposition of the assets or property of either party to the marriage, and the Court may rescind a disposition of the assets or property that has been made with the intention of defeating the financial provision or property settlement of the other party, except that a disposition for value to a purchaser in good faith may not be rescinded.
2. The Court may make an order concerning the property or assets of either party to the marriage or of a child of the household that is appropriate to preserve or maintain that asset or property while the suit is pending before the Court.

Backstory of Achraf Hakimi and wife divorce case

In April, the wife of Ligue 1 club Paris Saint-Germain’s footballer, Achraf Hakimi went to a French court seeking divorce and half his wealth following his involvement in an alleged rape, but walked away empty-handed.

To the 36-year-old Spanish wife Hiba Abouk’s surprise, the Moroccan defender had no properties or money in the bank, or so she was told by the court, as Hakimi had registered his fortune in his mother’s name.

According to media reports, the wife lodged her divorce claim and demanded half of the World Cup star’s fortune before she discovered the bitter truth that Hakimi’s mother had it all.

French prosecutors said in March that 24-year-old Hakimi had been indicted on rape charges after being questioned by investigators.

Following the news that Hakimi had been placed under judicial supervision, Abouk, who at the time was holidaying in Dubai with their two children, was reported to have decided to part ways with her husband. Hakimi and Abouk had been married in February 2020.

The media reported that court officials had told Abouk that her husband legally owned nothing and that all his millions, and even his PSG salary, were registered under his mother’s name.

Morocco World News reported last year that the star was the sixth highest-paid African footballer, earning more than $215,000 a week.#

His wife was astonished when she was told by the court that more than 80 percent of his salary is credited to his mother’s bank account.

He appears to have no properties, cars, or jewellery registered in his name.

Media reports have estimated Hakimi’s wealth to exceed $70 million. It is registered in the name of his mother, who purchases everything he wants.