The African Women Lawyers Association (AWLA) has called on Parliament to enact a comprehensive statutory framework to govern the distribution of marital property in Ghana.
According to the Association, this is necessary as the continued absence of specific legislation is creating a “vacuum” that is disproportionately affecting women and undermining the stability of Ghanaian families.
Speaking at a press conference in Accra, the Executive Director of AWLA, Effiba Amihere, highlighted that while the 1992 Constitution mandates Parliament to pass laws regulating the property rights of spouses, the legislative body has remained silent.
This inaction has forced the judiciary to act as a surrogate lawmaker with judges attempting to bridge the gap by developing principles on a case-by-case basis. This procedure, she insisted, is an inadequate solution.
“This judicial intervention, while necessary, has resulted in doctrinal inconsistency, uncertainty, and ultimately, injustice,” Amihere stated.
She added that without a clear statute, the division of assets often depends on the specific leanings of a presiding judge rather than a codified national standard.
AWLA has thus advocated for a robust legislative framework that addresses the core flaws in the current system. The legisltative framework, Amihere insisted, should provide clarity on constitutes “marital property,” and also establish equality as the starting point for distribution, ensuring that “joint ownership” is the default legal expectation.
The Association also wants the Legislative Framework to formally codify non-monetary contributions which would ensure that domestic labor—often performed by women—is legally recognized as having equal value to financial contributions and also provide judges with clear guidelines to reduce “lottery-style” outcomes while maintaining enough flexibility to handle unique cases.
The push for the reforms, AWLA said is rooted in Article 22 of the 1992 Constitution, which stipulates that spouses shall have equal access to property jointly acquired during marriage and that assets should be distributed equitably upon dissolution.
“We cannot continue to rely on the benevolence of the courts…we need the certainty of the law,” Amihere stated.
Source: Starrfm.com.gh
