The African Women Lawyers Association (AWLA) demands that Ghana’s Parliament urgently pass new laws for spousal property rights. For over thirty years, legal uncertainty has caused injustice for many families. AWLA stated that Parliament has failed to fully implement Article 22 of the 1992 Constitution. This article requires laws to regulate how spouses share property.
The lack of clear rules means courts must decide property disputes case by case. This has resulted in different judgments over time. Some spouses have received less than they should, or nothing at all. Supreme Court rulings have tried to clarify things. However, some decisions have confused how property should be divided after a marriage ends. Landmark cases like Mensa v. Mensa recognized marriage as an economic partnership. These cases said property gained during marriage should be jointly owned. They also valued contributions like childcare and emotional support.
But later judgments, such as Kwatson v. Kwatson, seemed to require spouses to prove their specific contributions. This has made it hard for lower courts to apply the law consistently. AWLA welcomed a December 2025 Supreme Court ruling in Sapom v. Sapom. This decision offered clearer guidelines. It suggested courts consider the marriage length, land ownership, funding sources, pre-marital assets, debts, and each partner's financial situation. These factors help guide property division.
Despite this judicial progress, AWLA says court rulings are not enough. Only new laws from Parliament can fix the problem. The association appeals to lawmakers to pass comprehensive legislation. This will remove doubt and ensure fairness. It will also show that Ghana understands marriage as an equal partnership. AWLA also asks the judiciary, the Ghana Bar Association, and civil society to support these reforms. They believe the constitutional promise of clear spousal property rights must be fulfilled.
The legal uncertainty surrounding spousal property impacts household wealth and financial stability. Inconsistent rulings create economic risk for individuals. This can affect investment decisions and long-term financial planning. Clarity in property law supports gender equality and economic empowerment. It ensures that contributions within a marriage are legally recognized and valued appropriately.