The International Federation of Women Lawyers (FIDA-Ghana) has urged Ghanaian lawmakers to pass specific legislation governing spousal property rights. This call addresses a significant legal gap, as the 1992 Constitution's protections for spouses have remained without comprehensive legislative backing for over three decades.
Gloria Ofori-Boadu, President of FIDA-Ghana, stated that Article 22 of the 1992 Constitution mandates Parliament to enact such legislation. This constitutional provision ensures spouses are not deprived of reasonable provision from a deceased spouse's estate. It also guarantees equitable distribution of jointly acquired property upon marriage dissolution. The current legal framework, however, relies on a mix of court decisions, the Matrimonial Causes Act, and land legislation, leading to considerable ambiguity.
This legislative vacuum creates economic uncertainty for many Ghanaian families. Without clear guidelines, the division of marital assets, including homes, businesses, and savings, becomes contentious and unpredictable. This situation disproportionately affects women, who often face greater challenges in proving their contributions to jointly acquired property. The delay hinders financial stability and equitable wealth distribution within the country.
Ofori-Boadu emphasized that the absence of specific legislation has forced courts to develop the law incrementally through case-by-case decisions. This approach lacks the comprehensive and consistent application that a dedicated law would provide. She highlighted that FIDA-Ghana and other women's advocacy groups are ready to collaborate with Parliament to refine the proposed legislation. This collaboration aims to ensure the law addresses Ghana's diverse marriage forms, including customary and Muslim marriages, particularly in cases involving multiple spouses.
The passage of this law would provide much-needed clarity and protection for spouses across Ghana. It would streamline legal processes, reduce prolonged disputes, and ensure fairer outcomes in property division. Decision-makers must prioritize this legislation to uphold constitutional rights and foster greater economic security for individuals and families. A national marriage and divorce registry could further support these efforts by providing clear evidence of marital status, reducing disputes over spousal rights.
The delay in enacting this law since the 1992 Constitution's promulgation represents a significant legislative oversight. It impacts the economic well-being and legal certainty of countless Ghanaians. Addressing this issue would demonstrate a commitment to gender equality and economic justice. The proposed legislation would clarify what constitutes jointly acquired marital property and establish clear mechanisms for its equitable division, thereby strengthening the rule of law in family matters.
This legislative action is crucial for Ghana's broader socio-economic development. Clear property rights contribute to a more stable and predictable legal environment, which is essential for investment and economic growth. The current ambiguity can deter individuals from investing in joint ventures or property, fearing uncertain outcomes in case of marital dissolution. Passing the law would therefore have positive ripple effects on the national economy.