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FIDA Ghana urges Parliament to fast-track Spouses’ Property Rights Bill

FIDA Ghana urges Parliament to fast-track Spouses’ Property Rights Bill

The International Federation of Women Lawyers (FIDA) Ghana, has urged Parliament to fast-track the passage of the Property Rights of Spouses Bill to guarantee equal access to jointly acquired property during divorce settlements.

The group made the appeal after presenting a petition to the Chairperson of the Parliament Women’s Caucus, Comfort Doyoe, calling on lawmakers to take immediate action to protect spouses’ rights.

Speaking at the presentation, the President of the Board of FIDA Ghana, Gloria Ofori-Boadu, emphasised that Article 22(3) provides for equitable distribution upon the dissolution of marriage.

However, Ghana still does not have comprehensive legislation contemplated by the Article, many years after the Constitution came into force.

She noted that the delay has created uncertainty, inconsistency and hardship for women and children, as it largely affects children’s destiny and future when it comes to the dissolution of marriage in Ghana.

She stressed that no child should be homeless in this country, regardless of the marital status of their parents.

"Article 22(3) further provides that spouses aquire equal access to property jointly acquired during marriage, more than 33 years after the constitution came into force Ghana still does not have the comprehensive legislation contemplated by article 22.

"That delay has created hardship for not only women but children and their destinies, the future leaders of our country are at risk when it comes to dissolution of marriage and no child should be homeless in this country, every child should be supported irrespective of the marital status of their parents," she stated.

She added that FIDA Ghana acknowledges the Supreme Court’s important contributions in this area, including decisions recognising the direct and indirect contributions of spouses.

However, she said case law alone cannot provide the clarity, predictability and uniform protection that legislation is meant to offer.

She further urged Parliament to act, noting that the Property Rights of Spouses Bill has remained on the legislative agenda for far too long and that there is a need for the law to be recognised.

"We humbly say that in the absence of clear legislation court have had to develop principles on a case by case bases, we knowledge that the supreme Court has made important contributions in this area including decision recognising both direct and indirect contributions of spouses.

"How ever case law alone can not provide this clarity, predictability and uniform protection that legislation is meant to provide, this is why Parliament must act, the property right of spouses bill has remained on the legislative agenda for far too long," she said.

Source: Vanessa Elizabeth Nkum

Posted by: Nana Ofori

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