CJ Baffoe-Bonnie
The Supreme Court (SC) has provided detailed guidelines to aide courts in the fair distribution of properties upon the dissolution of a marriage.
The decision provided by a five-member panel of the Apex Court, presided over by Justice Avril Lovelace-Johnson, emphasised factors such as the duration of the marriage, financial contributions of the couple, ownership of the land, pre-marital assets, financial standing and indebtedness, and other factors to be considered by the courts.
Justice Kewku Ackah-Boafo, a member of the panel who authored the lead decision referenced ADJEI v ADJEI, indicating that it “underscores a contextual and evidence-based approach to the equitable distribution of properties acquired during marriage.”
Touching on the key things to consider in the distribution of properties when a divorce is granted, the Apex Court said the length of the marriage must be assessed in relation to the time at which the disputed property was acquired.
Courts have also been directed to consider how the land on which the property stands was acquired – whether it was owned solely by one of the parties.
Another consideration is the chronology of construction – At what point relative to the marriage, construction of the property begin.
The courts must also take into consideration the source of acquisition – whether the property was acquired from the pre-existing financial resources of one of the spouses or by a loan which is not paid off.
Again, the SC called for the consideration of pre-marital assets, with emphasis on whether either spouse bring property or resources into the marriage that significantly contributed to the acquisition of the disputed property.
Another area considered by the Apex Court is 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?
The court further focused on financial contributions – what were the respective financial contributions of the parties during the marriage toward the acquisition or enhancement of the property in dispute?
It also laid emphasis on mutual financial understandings – whether the parties have an explicit or implicit agreement to maintain financial equality during the marriage.
The Apex Court finally focused on 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.
Justice Ackah-Boafo pointed out that the 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,” the court added.
BY Gibril Abdul Razak