The International Federation of Women Lawyers (FIDA) Ghana has urged Parliament to urgently pass the long-delayed Property Rights of Spouses Bill, warning that the absence of the law continues to deepen hardship for women and children after divorce.
The group made the call when it presented a petition to the Chairperson of Parliament’s Women’s Caucus, Comfort Doyoe, calling for swift legislative action to ensure fair distribution of jointly acquired property between spouses.
Speaking to journalists after the presentation on Friday May 8, the President of the Board of FIDA Ghana, Gloria Ofori-Boadu, said the continued delay in enacting the law has left many families exposed to uncertainty and injustice following the dissolution of marriages.
“Article 22 clause 2 of the constitution requires parliament to enact legislation regulating the property rights of spouses. Article 22(3) further provides that spouses shall have equal access to property jointly acquired during marriage and that such assets shall be distributed equitably upon the dissolution of marriage,” she said.
She noted that more than three decades after the 1992 Constitution came into force, Ghana is still without a comprehensive law to guide property distribution between spouses, a gap she said has created inconsistency in court rulings and hardship for affected families.
“That delay has created uncertainty, inconsistency and hardship for not only women but children, children, children of families and their destinies. Children, the future leaders of our country are at risk when it comes to the dissolution of marriage and no child should be homeless in this country,” she stressed.
According to her, while the Supreme Court has made important rulings recognising both direct and indirect contributions of spouses, judicial decisions alone are not enough to guarantee consistent protection.
“In the absence of clear legislation, courts have had to develop principles on a case-by-case basis. We acknowledge that the Supreme Court has made important contributions in this area. However, case law alone cannot provide the clarity, predictability and uniform protection that legislation is meant to provide. This is why Parliament must act,” she said.
She added that the bill has been on the legislative agenda for years, with various stages of consideration dating back to 2009, including stakeholder engagements in 2013, 2014, 2021 and 2024.
“What remains is the political and legislative will to complete the task,” she stated.
In response, Speaker of Parliament Alban Bagbin assured that the House is prepared to fast-track the bill, indicating that it could be passed under a certificate of urgency to promote fairness and accountability in the sharing of property acquired during marriage.
