Abstract

Judicial oscillation has created uncertainty regarding the application of the presumption of advancement in Ghana. This article explores the evolving role of the presumption in Ghanaian law, focusing on the Supreme Court’s decision in Arthur v Arthur, which established a presumption that all assets acquired by either spouse during the marriage constitute marital property. This expansive interpretation appeared to render the presumption of advancement redundant in the context of inter-spousal property transfers. However, subsequent case law reveals a lack of doctrinal coherence. Some decisions have affirmed the Arthur approach, whereas others have departed from it, reviving narrower conceptions of marital property and, by implication, the continued relevance of the presumption of advancement. This highlights the pressing need for clear legislative guidance to prevent reliance on shifting judicial interpretations. The article further argues that these challenges are amplified by Ghana’s plural legal and social landscape, in which family relationships often extend beyond formal, monogamous marriages, exposing the limitations of relying on an uncertain presumption. Drawing on Ghana’s Constitution and a comparative analysis of legal frameworks in the UK, New Zealand, and Nigeria, the article identifies critical gaps in Ghana’s current approach to the presumption of advancement. Informed by a neoformalist perspective, it proposes a coherent, context-sensitive framework to clarify the role of the presumption, with the aim of promoting fairness, consistency, and legal certainty.