Spousal property rights in Ghana – part 1

Kwasi and Naa have been married for ten years. Throughout their marriage, they both worked hard and acquired several assets, including a house, cars, and savings accounts. However, their marriage broke down beyond reconciliation, and they decided to get a divorce. As they navigated the process, they learnt about spousal property rights outlined below.
Spousal property was defined In the case of Arthur v Arthur, the court defined spousal property as assets obtained by either spouse during the marriage, regardless of the contribution of the other spouse to its acquisition.
Upon the dissolution of a marriage, all marital rights and obligations between the spouses are terminated and spousal property rights arise. In Ghana, there is no specific legislation governing the division of assets acquired during the marriage upon its dissolution. In the absence of such legislation, the courts and judicial advocates have taken proactive steps to establish guidelines for the allocation of marital property post-divorce.
These guidelines have evolved over time and have successfully addressed issues related to the distribution of property between spouses.
Stay tuned for next week’s Friday read on the court’s guidelines and its current position on spousal property rights.