Accra: The African Women Lawyers Association (AWLA) Ghana has raised concerns over aspects of judicial reasoning in recent matrimonial cases, specifically comments related to a spouse's physical appearance and financial independence.
According to Ghana News Agency, the Executive Director of AWLA, Madam Effiba Kojoah Amihere, stated at a press briefing in Accra that a party's appearance should not influence the determination of spousal property rights or financial relief. She highlighted the absence of a comprehensive law in Ghana to regulate property distribution between spouses, despite the 1992 constitution, and called for urgent reforms to ensure fairness and consistency in this area.
AWLA proposes reforms that would clearly define marital property, establish equality as the basis for distribution, codify non-monetary contributions, and provide structured guidelines for judicial discretion. Madam Amihere explained that the legislative gap has led courts to develop principles on a case-by-case basis, resulting in conflicting judicial decisions. She emphasized that legal uncertainty can have concrete and often devastating consequences.
She further noted that although the Supreme Court has recognized marriage as an economic partnership, some recent judgments have deviated from these principles, causing doctrinal inconsistencies. For instance, in the Supreme Court cases of Mensa v. Mensa and Arthur v. Arthur, the court affirmed that property acquired during marriage is presumptively joint property, and non-monetary contributions such as homemaking and childcare are equally valuable.
Madam Amihere also referenced the recent court ruling in Joana Quaye versus Richard Nii Armah Quaye, which sparked public and professional discourse. While AWLA respects the judiciary's independence, she asserted the need to speak out when legal developments risk undermining established principles.
The Supreme Court decision in Sarpong v. Sarpong, delivered in December 2025, was commended for outlining guiding principles for distributing marital property. These principles require courts to consider factors such as the duration of marriage, financial contributions, and non-monetary contributions like domestic work and child-rearing.
AWLA urged Parliament to expedite the passage of the Comprehensive Spousal Property Legislation to fulfill Article 22 of the constitution. The Association also called on stakeholders, including the Attorney General, the Judiciary, the Ghana Bar Association, civil society organizations, and the media, to work collectively to promote fairness, equity, and predictability in matrimonial property disputes.