Female MPs advocate for Property Rights of Spouse Bill, 2024

Several female Members of Parliament convened a stakeholders' engagement session to discuss the Property Rights of Spouse Bill, 2024, emphasizing the importance of passing the bill into law to uphold Article 22 of the 1992 Constitution.

The bill, co-sponsored by Elizabeth Ofosu-Adjare, MP for Techiman North, and Patricia Appiagyei, MP for Asokwa, with support from Abla Dzifa Gomashie, MP for

Read full articleKetu South, aims to regulate the property rights of spouses and ensure equitable distribution of jointly acquired assets upon marriage termination.

In a memorandum attached to the bill, the MPs highlighted the constitutional obligation of Parliament to enact legislation regarding the property rights of spouses. Despite the prolonged process of drafting the bill, its introduction signifies a commitment to fulfilling the constitutional mandate in the best interest of spouses.

Article 22(3) of the Constitution mandates equal access to jointly acquired property during marriage and equitable distribution upon marriage dissolution.

The proposed bill establishes clear rules and standards for courts and spouses to realize these constitutional provisions regarding spousal property rights.

Notably, the bill focuses solely on property rights between spouses and does not address parental property rights. Maintenance provisions for children are covered under the Children Act of 1998, ensuring a comprehensive legal framework for family matters.

The bill's proposals drew inspiration from various sources, including the Law Reform Commission, civil society groups, traditional leaders, legal experts, and faith-based organizations.

Additionally, legislative models from Commonwealth jurisdictions such as Jamaica, Tanzania, and South Africa informed the bill's development.

A study tour to South Africa provided further insights into handling property rights between spouses, contributing to the bill's comprehensive approach. Passage of the bill is expected to promote fairness and certainty in determining property rights matters, benefiting spouses across Ghana.