By Edzorna Francis Mensah
Some Female Members of Parliament held stakeholders’ engagement on the Property Rights of Spouse Bill, 2024 and the need to pass the Bill into an act to give proper meaning to Article 22 of the 1992 Constitution of the Republic.
The Bill that is seeking to regulate the property rights of spouses in accordance with article 22 of the Constitution and for related matters co-sponsored by MP for Techiman North in the Bono East Region, Elizabeth Ofosu-Adjare and Member of Parliament Asokwa in the Ashanti Region in the person Patricia Appiagyei with support from MP for Ketu South in the Volta Region, Abla Dzifa Gomashie to take input from stakeholders from the Ghana Bar Association and from some selected groupings interested the Bill and see its passage.
In the memorandum signed by the two MPs attached to Bill, said, the Constitution imposes an obligation on Parliament under article 22 to enact legislation to regulate the property rights of spouses and that, the Constitution has been in force since 7th January 1993 and though the preparation of the Bill has been protracted, it is fulfilling the obligation of the supreme law that this Bill has been proposed in the best interest of spouses.
Article 22(3) requires spouses to have equal access to property jointly acquired during marriage and for matrimonial property to be equitably distributed between the spouses upon termination of the marriage.
This Bill establishes rules and workable standards for the court and spouses for the realization of the provision of the Constitution or spousal property rights. The focus of the Bill is the property rights of spouses as defined in the Bill. The Bill is not intended to deal with the property rights between parents ‘and children. Provision for the maintenance of children is made in the Children I998 (Act 560) and the forum for a child maintenance order is a family tribunal.
The Bill seeks to ensure certainty/matters connected with the property rights of spouses.
Proposals for the Bill came from diverse sources including the Law Reform Commission, Civil society group, traditional rulers, legal experts and faith-based organizations. Legislation from other commonwealth jurisdictions like Jamaica, Tanzania and South Africa influenced the proposal.
There was also a study tour to South Africa to find out how property rights between spouses are handled in that jurisdiction. It is expected that the passage Bill will ensure fairness in determining matters that pertain to the property rights of spouses.
