A MATTER OF EQUALITY IN MATRIMONIAL RIGHTS: GLADYS MENSAH V. STEPHEN MENSAH CASE IN SUPREME COURT OF GHANA

  • Bernice Sam, National Programme Coordinator of Wildaf in Ghana, Africa WILDAF - Women in Law and Development in Africa

Resumo

Abstract: The Supreme Court of the Republic of Ghana has given value to gender roles of women (and men) in the home. For too long many courts had relied on the need to establish substantial contribution by spouses to joint property which many women could not prove, thereby being entitled to less than half of joint property. In matrimonial matters however, case law developed around the Matrimonial Causes Act 1971, (Act 367) acknowledge the weak financial contribution of a spouse to property acquisition.  The courts in their application of equitable principles require a spouse claiming a share in joint property to provide proof of substantial contribution. This principle of proving substantial contribution has for decades being to the disadvantage of many women who, in performing their gender roles as wives, do not keep records of contribution made to joint property. However, in the last decade, some courts began recognising the value of a wife’s contribution to matrimonial property even if the contribution was non-monetary. The Supreme Court case of Gladys Mensah v. Stephen Mensah now firmly establishes the principle of equality in property distribution.

Keywords: Equality. Women matrimonial rights. Supreme Court of Ghana.

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Biografia do Autor

Bernice Sam, National Programme Coordinator of Wildaf in Ghana, Africa, WILDAF - Women in Law and Development in Africa
National Programme Coordinator of Women in Law and Development in Africa. L.L.B., University of Ghana; L.L.M., Ghana School of Law; L.L.M., Georgetown University Law Centre
Publicado
07-11-2012
Como Citar
Sam, National Programme Coordinator of Wildaf in Ghana, Africa, B. (2012). A MATTER OF EQUALITY IN MATRIMONIAL RIGHTS: GLADYS MENSAH V. STEPHEN MENSAH CASE IN SUPREME COURT OF GHANA. Espaço Jurídico Journal of Law [EJJL], 13(esp), 141-148. Recuperado de https://portalperiodicos.unoesc.edu.br/espacojuridico/article/view/2362