Supreme Court sets clear guidelines for distribution of marital property after divorce

The Supreme Court of Ghana has outlined comprehensive guidelines to assist trial courts in the equitable distribution of marital properties upon the grant of divorce.

In a decision delivered by Justice Ackaah-Boafo, the apex court emphasised that where a trial court elects to award a specific percentage of marital property to either spouse, it must clearly articulate the basis for that determination, grounded in evidence and the peculiar circumstances of the marriage.

Justice Ackaah-Boafo, described as linguistically mercurial, articulated the principles in the case of Sarpong v Sarpong, decided on September 17, 2025.

A summary of the ruling was shared in a post on Facebook on January 16, 2026.

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According to the court, trial judges should consider, inter alia, the following factors:

1. Duration of the marriage

The length of the marriage in relation to the period when the disputed property was acquired.

2. Ownership of the land

How the land on which the property stands was acquired, including whether it was owned solely by one spouse.

3. Chronology of construction

Whether construction of the property commenced before or during the marriage.

4. Source of acquisition

Whether the property was acquired through pre-existing financial resources of one spouse or by loans, including whether such loans remain unpaid.

5. Pre-marital assets

Whether either spouse brought assets or resources into the marriage that significantly contributed to acquiring the disputed property.

6. Financial standing and indebtedness

Whether one spouse entered the marriage burdened with debt and later became solvent due to the other spouse’s contributions or financial management.

7. Financial contributions

The respective financial inputs made by each spouse toward acquiring or improving the property.

8. Mutual financial understandings

Whether there was an explicit or implicit agreement between the parties to maintain financial equality during the marriage.

9. Non-monetary contributions

Intangible but invaluable contributions such as domestic work, child-rearing, emotional support, and moral guidance, which must be accorded equal recognition.

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Justice Ackaah-Boafo also noted that this analytical framework, first articulated in earlier landmark decisions and reaffirmed in cases such as Adjei v Adjei, underscores a contextual and evidence-based approach to the distribution of marital property.

He stressed that the guidelines are not intended to fetter judicial discretion, but rather to assist trial judges in reaching outcomes that reflect the totality of the marital relationship and the justice of each case.

Justice Ackaah-Boafo said when that is done, an objective assessment can then be made as to whether a 50 per cent interest or a lesser — or greater — share ought properly to be granted.

Read the full statement below:

MRA/AE

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