The African Women Lawyers Association is demanding urgent action from Parliament over Ghana’s long-delayed spousal property laws, warning that the absence of clear legislation continues to create confusion, unfairness, and hardship for many families.
At a press briefing, the Association argued that more than three decades after the 1992 Constitution came into force, lawmakers have still not fully implemented Article 22 — the constitutional provision requiring Parliament to pass laws regulating the property rights of spouses.
According to AWLA, the lack of comprehensive legislation has left judges to determine marital property disputes on a case-by-case basis, resulting in inconsistent rulings across the country.
The Association says this uncertainty has had serious consequences, particularly for women who may struggle to prove direct financial contributions during marriage.
“This inconsistency has led to uncertainty in the lower courts, where some decisions have resulted in spouses receiving less than they deserve or nothing at all,” AWLA stated.
Over the years, Ghana’s Supreme Court has attempted to clarify how marital property should be distributed after divorce or separation.
AWLA pointed to landmark cases such as Mensa v. Mensa and Arthur v. Arthur, where the court recognised marriage as an economic partnership and affirmed that property acquired during marriage should generally be treated as jointly owned.
Importantly, the rulings also acknowledged that contributions to a marriage go beyond money.
Childcare, housekeeping, emotional support, and other non-financial roles were recognised as legitimate contributions toward the acquisition of family property.
However, the Association says later rulings, particularly Kwatson v. Kwatson appeared to reintroduce the requirement for spouses to prove the extent of their contribution before being entitled to a share of marital assets.
According to AWLA, that shift reopened confusion about what standards courts should apply.
The group, however, welcomed the Supreme Court’s more recent ruling in Sapom v. Sapom, delivered in December 2025, describing it as a major step toward clearer legal guidance.
The ruling outlined factors courts should consider in property distribution cases, including:
* The duration of the marriage
* Ownership of land
* Sources of funding
* Pre-marital assets
* Existing debts
* Financial standing of both spouses
Despite praising the decision, AWLA insists that judicial rulings are not enough.
The Association says only Parliament can provide lasting clarity through comprehensive legislation that clearly defines the property rights of spouses.
AWLA argues that such a law would reduce legal ambiguity, protect vulnerable spouses, and align Ghana’s legal system with modern understandings of marriage as a partnership of equals.
The Association is now calling on Parliament, the judiciary, the Ghana Bar Association, civil society groups, and the public to support urgent reforms.
“After more than three decades, the constitutional promise must be fulfilled,” the group stressed.
By Enyonam Haligah
