The African Women Lawyers Association (AWLA) has renewed calls for urgent reforms to Ghana’s spousal property laws, warning that decades of legislative inaction continue to create uncertainty and injustice for many families.
Speaking at a press conference, the association said Parliament has failed to fully implement Article 22 of the 1992 Constitution, which directs lawmakers to enact legislation regulating the property rights of spouses.
According to AWLA, the absence of a clear and comprehensive legal framework has forced the courts to determine property distribution disputes on a case-by-case basis, resulting in inconsistent judicial decisions over the years.
“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,” the association stated.
The group explained that although the Supreme Court has made significant efforts to clarify how marital property should be shared, some rulings have created confusion over the principles that should guide property distribution after divorce or separation.
AWLA referenced landmark cases such as Mensa v. Mensa and Arthur v. Arthur, where the apex court recognised marriage as an economic partnership and affirmed that property acquired during marriage should generally be considered jointly owned.
The rulings also acknowledged non-financial contributions including childcare, housekeeping, and emotional support as valuable contributions to marital property acquisition.
However, the association noted that subsequent judgments, including Kwatson v. Kwatson, appeared to reintroduce the requirement for spouses to prove their level of contribution before being entitled to a share of marital property.
According to the lawyers, this has created uncertainty in the interpretation and application of the law by lower courts.
AWLA, however, welcomed a more recent Supreme Court ruling in Sapom v. Sapom delivered in December 2025, describing it as an important step towards providing clearer guidance on the distribution of marital property.
The judgment outlined several factors courts should consider, including the duration of the marriage, ownership of land, source of funding, pre-marital assets, indebtedness, and the financial standing of both parties.
Despite welcoming the decision, the association stressed that judicial pronouncements alone cannot replace legislation passed by Parliament.
The group is therefore calling on lawmakers to urgently pass comprehensive spousal property legislation to eliminate ambiguity and ensure fairness for all spouses, particularly vulnerable women.
According to AWLA, a clear legal framework will provide certainty for couples and align Ghana’s laws with modern understandings of marriage as a partnership of equals.
The association also appealed to the judiciary, the Ghana Bar Association, civil society organisations, and the general public to support efforts aimed at reforming the country’s spousal property regime.
“After more than three decades, the constitutional promise must be fulfilled,” the association emphasised.
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