Marital property sharing not based on gender – Justice Amaleboba

Supreme Court Justice nominee Hafisata Amaleboba has addressed what she described as a common misconception about how marital properties are distributed during divorce cases.

At her vetting on Wednesday, June 18, 2025, Justice Amaleboba made it clear that the law does not favour one gender over another when it comes to dividing assets after a marriage ends.

She explained that although some people feel the law is tilted toward one gender, the Constitution outlines clear principles that guide equitable distribution, regardless of whether it is the man or woman who acquired the property.

“When it comes to family law, the principles apply equally to men as they do to women. Article 22 says that assets acquired jointly during marriage are to be distributed equitably irrespective of gender, so it is not in any way discriminatory,” she stated.

Justice Amaleboba also touched on the legal framework surrounding child welfare, reinforcing that the court’s top priority is always the best interest of the child.

According to her, Ghana has a functioning child support system that allows guardians or parents to seek legal help for maintenance.

She noted that anyone responsible for a child can go to court and apply for support, and the system is in place to respond to such needs.

Her comments aimed to clarify legal principles often misunderstood by the public, particularly around issues that can become emotionally charged, such as divorce and child custody.