Pass clearer property law for spouses …AWLA urges government

A group of female lawyers known as the African Women Lawyers Association (AWLA) is calling on the Parliament of Ghana to urgently pass a comprehensive law on spousal property rights to eliminate ambiguity and ensure fairness in divorce settlements.

Among the rights proposed were a clearer definition of marital property, formal recognition of non-monetary contributions, stronger guidelines for judges, improved enforcement of court orders and expanded access to legal aid for vulnerable spouses.

This, the group underlined, would cure the inconsistent court rulings that continue to leave many divorced spouses, particularly women, trapped in uncertainty, injustice and often left with nothing or something insignificant after years of marriage.

Addressing journalists at a press briefing in Accra on Monday, the Executive Director of AWLA, Ms Effiba Amihere, said although the Supreme Court had over the years laid down important legal principles on the sharing of marital properties, conflicting judgments had created confusion and frustration for families seeking justice after divorce.

She explained that while some rulings recognised marriage as an economic partnership where both financial and non-financial contributions should be valued equally, others demanded proof of direct monetary contributions before property could be shared fairly.

This contradiction in the law, she said, had left many spouses vulnerable, especially women whose years of unpaid domestic work often went unrecognised in courtrooms.

“There are women who spend decades building homes, raising children, supporting businesses and sacrificing careers, only to walk away from marriages with little or nothing because their contribution cannot be measured in cash,” she stressed.

She argued that certain rulings appeared to rely on irrelevant considerations such as a spouse’s appearance, lifestyle or level of financial independence instead of established legal principles.

Ms Amihere, however, praised a landmark Supreme Court decision on July 17, 2025, which she described as a major step towards fairness and clarity in family law.

The ruling outlined important guidelines for courts in determining how marital properties should be shared after divorce and factors to be considered.

The ruling captured the duration of the marriage, the acquisition of property, financial contributions, pre-marital assets, debts, as well as non-financial contributions such as childcare, housekeeping, emotional support and domestic labour.

The judgment, she praised, was particularly significant because it openly acknowledged the economic value of unpaid domestic work, an area she said had long been ignored despite sustaining countless households across the country.

She maintained that Ghanaian courts had already affirmed that marriage was a joint enterprise and that contribution should not be reduced to money alone.

The organisation also appealed to the Office of the Attorney General and Ministry of Justice, the Judiciary of Ghana and the Ghana Bar Association to support reforms aimed at protecting spouses and strengthening justice in family law cases.

By Esinam Jemima Kuatsinu