Ghana’s Parliament should urgently pass a law on spousal property rights, the president of FIDA-Ghana said, months after a contested divorce ruling exposed gaps in the law.
Gloria Ofori-Boadu, president of the International Federation of Women Lawyers (FIDA-Ghana), said Article 22 of the 1992 Constitution requires Parliament to enact legislation on spousal property rights, but more than 33 years after the Constitution took effect, no such law exists.
The renewed call follows public controversy over a High Court ruling in a divorce case involving RNAQ, decided by Justice Dorgu, which FIDA said exposed inconsistencies in how judges interpret spousal property claims. The group petitioned Parliament’s Speaker, Alban Bagbin, over the ruling in May, and he said Parliament was prepared to consider the Property Rights of Spouses Bill under a certificate of urgency.
Speaking on Asaase Radio’s Townhall Talk on Friday, Ofori-Boadu said Article 22 protects a spouse’s right to a reasonable share of a deceased partner’s estate, whether or not a will exists, and guarantees equal access to property jointly acquired during marriage, to be divided equitably if the marriage ends.
“The law is a bit mixed up,” she said.
She said Ghana’s current framework relies on the Matrimonial Causes Act, elements of land legislation and a patchwork of court decisions, leaving uncertainty over what counts as jointly acquired property and how it should be split.
Ofori-Boadu said FIDA-Ghana and other women’s groups were ready to help Parliament refine the bill, and that it should address Ghana’s different marriage systems, including customary and Muslim marriages involving multiple spouses.
She also called for wider registration of marriages, saying a national marriage and divorce registry would make it easier to prove a marriage existed and reduce disputes over spousal rights when relationships end.
