The African Women Lawyers Association Ghana is demanding urgent reforms to Ghana’s spousal property laws, warning that recent court rulings in matrimonial disputes risk reinforcing harmful gender stereotypes and creating legal uncertainty.
At a press briefing in Accra, Executive Director Effiba Kojoah Amihere criticised aspects of judicial reasoning in some recent divorce cases, particularly comments related to a spouse’s physical appearance and financial independence.
She argued that such factors have no legal relevance in determining entitlement to marital property or financial relief after divorce.
“A party’s appearance has no legal relevance to the determination of spousal property rights, and financial independence should not reduce a spouse’s entitlement to marital property,” she stated.
According to AWLA, Ghana’s failure to pass a comprehensive law on the distribution of spousal property since the 1992 Constitution has left courts to decide cases on a case-by-case basis, leading to inconsistent rulings.
The association wants Parliament to urgently pass legislation that clearly defines marital property, recognises non-monetary contributions and establishes equality as the standard basis for property distribution.
Madam Amihere noted that although landmark Supreme Court cases such as Mensa v. Mensa and Arthur v. Arthur recognised marriage as an economic partnership, some recent rulings appear to depart from those principles.
She cited public discussions surrounding the recent Joana Quaye v Richard Nii Armah Quaye ruling as evidence of growing concern over how courts handle marital property disputes.
AWLA, however, praised the Supreme Court’s December 2025 ruling in Sarpong v. Sarpong for providing clearer guidelines for trial courts.
The ruling emphasised that non-monetary contributions such as childcare, domestic work and emotional support must be given equal recognition in property distribution decisions.
The association is now urging Parliament, the Attorney General’s Department, the Judiciary of Ghana, the Ghana Bar Association and civil society groups to work together to ensure fairness and consistency in divorce settlements.
