AWLA urges Parliament to pass marital property law
Speaking at a press conference in Accra, AWLA Executive Director Effiba Amihere said Parliament has failed to act despite a constitutional duty to regulate the property rights of spouses.
The African Women Lawyers Association has urged Parliament to pass a clear law on how marital property should be shared when marriages end.
The association says the absence of specific legislation continues to create uncertainty for spouses, especially women, and is weakening the protection of families in Ghana.
Speaking at a press conference in Accra, AWLA Executive Director Effiba Amihere said Parliament has failed to act despite a constitutional duty to regulate the property rights of spouses.
She said Article 22 of the 1992 Constitution requires legislation to ensure that spouses have equal access to property jointly acquired during marriage and equitable distribution when a marriage is dissolved.
But according to AWLA, the lack of such a law has left judges to determine disputes on a case-by-case basis.
Ms Amihere said this has made the courts act almost like substitute lawmakers, a situation she described as inadequate.
“This judicial intervention, while necessary, has resulted in doctrinal inconsistency, uncertainty, and ultimately, injustice,” she said.
AWLA warned that without a statutory framework, the outcome of matrimonial property cases may depend heavily on the views of individual judges instead of a uniform national standard.
The association is therefore calling for a comprehensive law that clearly defines what amounts to marital property.
It also wants equality to be the starting point in the distribution of property, with joint ownership treated as the default position where assets are acquired during marriage.
AWLA further called for non-financial contributions in marriage to be recognised under the law.
The group said domestic work, care responsibilities and other forms of unpaid labour, often performed by women, should be treated as valuable contributions equal to financial input.
It also wants Parliament to give judges clear guidelines to reduce unpredictable outcomes while still allowing flexibility for special circumstances.
Ms Amihere said Ghana can no longer depend only on judicial discretion to protect spouses.
“We cannot continue to rely on the benevolence of the courts…we need the certainty of the law,” she said.
AWLA said passing the law would close a long-standing legal gap and strengthen fairness, dignity and security in family life.
