AWLA calls for urgent reforms on spousal property rights
The African Women Lawyers Association (AWLA) has called on Parliament to urgently pass a comprehensive legislation on spousal property rights to address inconsistencies in judicial decisions and protect spouses, particularly women, from economic hardship after divorce.
The association said the call had become necessary because recent judicial pronouncements and the absence of a codified legal framework had created uncertainty over the equitable distribution of marital property, leaving many spouses with unpredictable outcomes after divorce.
“The absence of a clear legal framework on spousal property rights has created uncertainty, inconsistent judicial decisions and difficulties for spouses seeking equitable shares in property acquired during marriage,” the Executive Director of the association, Effiba Amihere, said at a press conference held in Accra last Monday.
She said that although the Supreme Court had, over the years, attempted to provide direction on the equitable distribution of marital property, conflicting interpretations by some courts continued to create confusion and hardship for litigants.
Ms Amihere said many spouses, especially women, continued to face challenges in proving non-monetary contributions such as housekeeping, child care and emotional support during divorce proceedings.
The AWLA also called for legislation to clearly define marital property, establish equality as the presumptive basis for distribution and formally recognise non-monetary contributions.
It further urged for structured guidelines for judicial discretion, stronger enforcement mechanisms and improved access to justice through simplified procedures and legal aid support.
Supreme Court decisions
“The court therefore affirmed that property acquired during marriage is presumptively joint property and that non-financial contributions such as housekeeping, child care and emotional support are equally valuable,” she said.
She, however, said later decisions such as Watson v. Watson appeared to re-emphasise proof of contribution, thereby creating uncertainty about whether equality remained the default principle in the sharing of marital property.
Recent ruling
The association commended the recent Supreme Court ruling in Sarpong v. Sarpong, delivered in December last year, which outlined guidelines for courts in determining the equitable distribution of marital property.
She said the ruling directed trial courts to consider factors such as the duration of marriage, ownership of land, financial and non-financial contributions, pre-marital assets and the economic circumstances of spouses.
Concerns
The association also expressed concern about aspects of judicial reasoning in some matrimonial cases which, they said, introduced irrelevant and subjective considerations into the determination of disputes.
The Executive Director referred to the recent case of Joana Quaye v. Richard Nii Armah Quaye, which she said had generated public discussion.
She said judicial reasoning must remain grounded in law, evidence and constitutional principles to maintain public confidence in the justice system.
The association urged Parliament, the Attorney General and Ministry of Justice, the judiciary, the Ghana Bar Association, civil society organisations and the media to support reforms aimed at ensuring fairness and predictability in matrimonial disputes.
