The Supreme Court of Ghana has issued guidelines for distributing marital property upon divorce, emphasizing a contextual and evidence-based approach.
The decision of the Apex Court panel of five presided over by Justice Lovelace Johnson outlined key factors to consider, including the duration of the marriage, financial contributions, and non-monetary contributions like domestic work and child-rearing.
The lead judgment authored by Justice Kweku Tawiah Ackaah-Boafo on December-17, 2025 in a case titled ‘Amma Owusu Sarpong v Kojo Owusu Sarpong (CIVIL APPEAL NO. J4/77/ 2023), said “the analytical framework articulated in the trilogy and reaffirmed in such decisions as ADJEI v ADJEI (supra) underscores a contextual and evidence-based approach to the equitable distribution of properties acquired during marriage.”
Below are excerpts of the judgment by the Supreme Court:
.. where a trial court determines to award a particular percentage in the distribution of marital property, it ought – respectfully – to articulate the basis for that determination by considering, inter alia, the following matters:
1. DURATION OF THE MARRIAGE – The length of the marriage must be assessed in relation to the time at which the disputed property was acquired.
2. OWNERSHIP OF THE LAND – How was the land on which the property stands acquired? Was it owned solely by one of the parties?
3. CHRONOLOGY OF CONSTRUCTION – At what point relative to the marriage did construction of the property begin?
4. SOURCE OF ACQUISITION – Was the property acquired from the pre-existing financial resources of one of the spouses or by a loan which is not paid off?
5. PRE-MARITAL ASSETS – Did either spouse bring property or resources into the marriage that significantly contributed to the acquisition of the disputed property?
6. FINANCIAL STANDING AND INDEBTEDNESS – Did one spouse commence the marriage encumbered by debt and subsequently became solvent owing to the contributions or management of the other?
7. FINANCIAL CONTRIBUTIONS – What were the respective financial contributions of the parties during the marriage toward the acquisition or enhancement of the property in dispute?
8. MUTUAL FINANCIAL UNDERSTANDINGS – Did the parties have an explicit or implicit agreement to maintain financial equality during the marriage?
9. NON-MONETARY CONTRIBUTIONS – The intangible yet invaluable contributions of a spouse, such as domestic work, child-rearing, and emotional or moral support, must equally be accorded due recognition and weight.
My Lords, the analytical framework articulated in the trilogy and reaffirmed in such decisions as ADJEI v ADJEI (supra) underscores a contextual and evidence-based approach to the equitable distribution of properties acquired during marriage.
The above guidelines are not intended to fetter judicial discretion but to aid trial judges in making determinations that reflect the totality of the parties’ relationship and the justice of each case.
When that is done, an objective assessment can then be made as to whether a 50% interest or a lesser (or greater) share ought properly to be granted.
In the lead judgment rendered by Ackaah-Boafo JSC in the case of SARPONG v SARPONG on December 17, 2025, the Supreme Court addressed significant legal principles impacting family law.
The Court meticulously analyzed the implications of the ruling, emphasizing the need for equitable considerations in the adjudication of familial disputes. This decision not only sets a precedent but also reaffirms the judiciary’s role in upholding justice within domestic relations.
The Supreme Court’s findings will undoubtedly influence future cases of similar nature, underscoring the evolving landscape of legal interpretations in this domain.
