Arthur v. Arthur

This Supreme Court case is notable for solidifying the “Jurisprudence of Equality” doctrine as predominant in determining the sharing of marital property upon divorce. Following the termination of the marriage, the wife was granted by the High Court of Accra in May 2010 (i) custody of the children; (ii) ownership of a house and a “half share of the ‘storey building’; and (iii) a half share of ‘the shops at Weija, Accra. The husband appealed the decision to the Court of Appeal. The Court of Appeal set aside and replaced the orders of the High Court. The wife appealed that decision to the Supreme Court. The Supreme Court restored the decision of the trial judge in its entirety and noted that its decision was based on the marriage equality principle delineated in Article 16 (1) of the Universal Declaration of Human Rights 1948. The Court affirmed the principle that property acquired during marriage is a joint property and that the sharing of spousal property should no longer be dependent on the substantial contribution principle.