The International Federation of Women Lawyers (FIDA) Ghana has petitioned Parliament to fast-track the passage of the Property Rights of Spouses Bill, warning that decades of delay continue to leave many women and children vulnerable after the breakdown of marriages.
According to the group, the absence of a comprehensive law regulating the distribution of jointly acquired property has created uncertainty, inconsistency, and hardship for families, particularly women and children affected by divorce.
Speaking to journalists after presenting the petition to the Chairperson of Parliament’s Women’s Caucus, Comfort Doyoe, President of the Board of FIDA Ghana, Gloria Ofori-Boadu, urged lawmakers to take immediate action to protect the rights of spouses.
According to her, Article 22 of the 1992 Constitution clearly mandates Parliament to enact legislation governing the property rights of spouses, yet more than three decades later, the country still lacks the law envisioned by the Constitution.
“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 dissolution of marriage,” she said.
“More than 33 years after the constitution came into force, Ghana still does not have the comprehensive legislation contemplated by Article 22.”
Mrs Ofori-Boadu argued that the delay has left courts to rely largely on case law in determining property distribution during divorce proceedings, resulting in inconsistent outcomes.
She acknowledged the role of the Supreme Court in recognising both direct and indirect contributions of spouses in marriage, but stressed that judicial decisions alone cannot provide the clarity and uniformity that legislation would guarantee.
“Case law alone cannot provide the clarity, predictability, and uniform protection that legislation is meant to provide. This is why Parliament must act,” she stated.
She noted that drafts of the bill have existed since 2009 and have undergone discussions and stakeholder engagements over the years, including in 2013, 2014, 2021, and 2024, but have yet to be passed into law.
“This long history confirms that there is a need for the law that has long been recognized. What remains is the political and legislative will to complete the task,” she added.
Mrs Ofori-Boadu also stressed the impact of marital dissolution on children, warning that many suffer displacement and deprivation due to the lack of clear legal protections.
“No child should be homeless in this country. Every child should be supported to have a home, to be educated, and to have medical care, food, and all the rights irrespective of the marital status of their parents,” she said.
Responding to the petition, the Speaker of Parliament, Alban Bagbin, assured FIDA Ghana that Parliament is ready to pass the legislation, even under a certificate of urgency, to ensure fairness and accountability in the sharing of property acquired during marriage.
“We ourselves are very concerned about it. I’m not surprised that you are here today because of some recent rulings of some courts. We experience what you just recounted on a daily basis,” he said.
Speaker Bagbin indicated that Members of Parliament frequently encounter vulnerable individuals in their constituencies struggling with housing, survival, and child welfare issues following marital breakdowns.
“The problem is not Parliament. Parliament is more than willing, ready today, even to pass this bill under a certificate of urgency,” he stated.
However, he stressed that passing the law alone would not be enough without effective implementation and enforcement.
“You can pass a bill, it becomes law, and if they’re not implementing it, we’re back to square one,” he said.
The Speaker further described the advocacy as a national issue that affects both women and men, insisting that stronger legal protections for spouses and families are essential for the broader wellbeing of society.
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Source: www.myjoyonline.com