…So When Is The Law The Law ?

In a friendly chat with a good friend of mine who was my class-mate in England decades ago, we reflected on the recent marriage dissolution matters that has sparked a National debated not just for its outcome but also for what the public believe is the reasoning behind the verdict.

In that context I plea for understanding by seeking to know from him; how the law truly values the immeasurable role and sacrifices of a spouse particularly a woman who relinquished her own aspirations to cultivate a home, uphold her husband and nature children of character, dignity and purpose?

You would agree with me that, generally, in the Ghanaian society, it is not uncommon for married women to step aside from formal employment for the purpose of ensuring the children are properly natured, particularly when her husband is also a busy person, a decision that is neither passive nor insignificant but a deliberate contribution to ensure the continued existence of the family lineage and society in general. Absolutely! raising responsible and civilized future leaders who would contribute meaningfully to the National Development of Mother Ghana. Such an enormous work though unpaid is priceless.

However, albeit women may not go into marriage with the intension of divorcing, this decision appears to suggest that choosing family over career may come with serious long-term consequences in the event of divorce. In my view although, I am no scholar of the law, the eagerness of some individuals including my own friend to condemn “so call revenue motivated annulment” is quite admirable, almost as admirable as our talent for overlooking the silent labour of women- the invisible threads of care and sacrifices that sustain the fabric of family life.

Alimony and personal support are not the inventions of any individual litigant instead, they are actually grounded and established legal principles designed to safeguard fairness therefore, to deny or diminish such entitlements based on perceived motives rather than the law is unfortunate. The last time I had a tête-à-tête with him regarding same, he told me "this is justice" however, Justice we are told is blind yet, it seems remarkably skilled at reading intentions no one can prove perhaps, it could do better to stand on a solid ground of objectivity than wonder through the fog of assumptions.

Ghana’s courts have already spoken clearly on this matter. In Mensah v Mensah [2012] the Supreme Court held that marital property should be distributed equitably recognizing both financial and nonfinancial contributions, it was emphasized that homemaking and childcare are valid and substantial contributions to the acquisition of marital properties. The Court reinforced the principle of substantial equality holding that spouses are generally entitled to an equal share of properties acquired during the marriage unless there are compelling reasons otherwise.

These conclusions align with Article 22 (3) of the 1992 Constitution Again, globally, courts have increasingly recognized the economic value of domestic work, the court emphasis fairness and introduced accounts for economic disadvantage suffered by a spouse who sacrifices career opportunities for family life.

Similarly, in a South Africa constitutional court case, Gumede v President of the Republic of South Africa (2008), the court concluded that, denying women equitable property rights upon divorce is unconstitutional and perpetuates inequality.

All these reflects a consistent global principle - marriage is a partnership of equals and contributions therefore, whether financial or domestic must be treated with equal respect.

Additionally, the Committee on the Elimination of Discrimination against Women (CEDAW) requires states Ghana included to uphold equality in marriage and its dissolution.

Finally, since we are generally encouraged to be citizens and not spectators, in exercising my rights as a citizen, my concern lies with certain remarks being circulated in the media particularly, the suggestions that, the woman is charming hence could re-wed raises serious concerns, implying that her financial security should depend on future relationships rather than her lawful entitlements? Sincerely, such reasoning risk reducing a woman’s dignity and anatomy besides, pardon my ignorance though, I thought some religious leaders, the church and the bible advises that we must invest in our marriages. (Ecclesiastes 4:9 and Ephesians 5:25) so now what do we tell our daughters? Anyway...

This perception whether intended or not appears to reduce women to objects within the institution of marriage rather than equal partners, it undermines the recognition of their sacrifice and contribution, should such interpretations become normalized it may discourage women from making the sacrifice necessary to build stable homes, over time, this could weaken the enviable family unit, the very foundation of society that Ghanaians are known and proud of, both home and abroad consequently, at this critical moment there is a pressing need for a unified and proactive response, Gender advocacy groups civil society organizations and all stakeholders concern with justice, equality and family stability you must not remain silent. To all the young ladies out there, pursue every opportunity with a deliberate intension to secure your future, in other words put your career First.

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