In recent years, a troubling trend has emerged among young women in Ghana, one that calls for urgent societal introspection and action. Many young women rush into relationships, often moving in with men under the assumption that it will lead to marriage. They invest years of their lives four, five, or even more building a home, having children, and dedicating themselves to these relationships. However, many of these unions do not culminate in marriage.
This is especially concerning given Ghana’s legal framework, which does not recognize cohabitation as equivalent to marriage, regardless of the duration of the relationship. Unlike in some jurisdictions where long-term cohabitation may be deemed a “common-law marriage,” Ghanaian law only protects relationships formalized under customary, ordinance, or Mohammadan marriage. Cohabiting women, therefore, lack access to the protections and rights accorded to legally married spouses.
The Property Rights of Spouses Act, 2020 (Act 1036), is a significant piece of legislation that outlines the rights of spouses in a marriage, ensuring an equitable distribution of property in the event of separation or divorce. Under sections 38, 47, 97, and 125 of the Act, spouses in a legally recognized marriage are entitled to share in the property acquired during the union. However, concubines, or individuals in cohabiting relationships without formal marriage, do not enjoy these rights, even if they have invested significantly in the relationship or contributed to the acquisition of property.
Under section 38, for instance, only legally married spouses are entitled to a share of property acquired during the marriage. Without formal marriage, cohabiting women cannot claim rights to property, regardless of how long they have lived with their partner or what contributions they have made. Similarly, section 47 of the Act does not extend protection to cohabiting partners, leaving them vulnerable in the case of relationship breakdowns.
This lack of legal protection has serious consequences. Instead of receiving the benefits afforded to legally married spouses, women in long-term cohabitation arrangements often find themselves exploited and left without any legal recourse. Many of these women may be forced to walk away with nothing if the relationship ends especially in situations where they have been subjected to abuse or neglect.
Instead, some men exploit this arrangement, leaving women in vulnerable positions. Over time, these men may mistreat their partners, neglect the children born from these relationships, or even abandon them for other women whom they formally marry. This leaves many women heartbroken, financially strained, and socially stigmatized, while their children bear the brunt of the instability.
The absence of legal recognition for cohabitation also complicates inheritance matters. Under the Intestate Succession Act, 1985 (PNDCL 111), only legally recognized spouses are entitled to share in a partner’s estate if they die without a will. Cohabiting partners have no automatic claim unless explicitly named as beneficiaries, leaving many women and their children unprotected in the event of their partner’s death.
This worrying trend is particularly common among women from certain backgrounds those with limited education, no employable skills, or from broken homes and poverty-stricken families. For many of these women, cohabitation appears to offer a lifeline, a chance to survive and secure a future in the absence of better opportunities. They often believe that staying with these men will eventually lead to marriage and financial stability. However, these hopes are often dashed, leaving them trapped in abusive or exploitative relationships.
Such relationships are frequently abusive, both physically and emotionally. Many women endure suffering in silence because they lack the means or confidence to report their abusers. While Ghanaian law, under the Domestic Violence Act, 2007 (Act 732), criminalizes domestic violence and provides for protection orders, many women do not utilize these protections due to fear of societal judgment, economic insecurity, or for the sake of their children.
My observations are drawn from consistent monitoring of programs like Oyereba Afutuo on radio, where countless women share their heart-wrenching stories. Their experiences have inspired me to pen down this call for action. The stories reveal a stark reality: we must act now to address this growing trend before it becomes a normalized part of our culture.
It is imperative to educate and empower women to recognize their value and make choices that ensure their dignity, independence, and long-term security. Women must be encouraged to prioritize their personal development, acquire education and skills, and seek financial independence. This foundation will not only enable them to advocate for themselves in relationships but also help them avoid situations where they are forced to endure toxic or unfulfilling partnerships.
To further protect women, society must strengthen the systems that offer legal and social support. Legal education is key to helping women understand the protections available under laws such as Act 1036 for property rights and Act 732 for domestic violence. Shelters, legal aid, and counseling services must also be made accessible to vulnerable women, ensuring they have options to leave abusive situations without fear of stigma or destitution.
Marriage should be a relationship built on mutual respect and commitment, beginning with formal recognition of the union. A relationship where a man has not officially married a woman or engaged her family should not be mistaken for a secure path to marriage. Women must be guided to set boundaries and refuse to cohabit with men without a clear and formal commitment.
Parents must play a role in guiding their daughters to make informed decisions about relationships. Community leaders, faith-based organizations, and government must champion the cause of women’s empowerment by teaching young women about self-worth and independence. Public awareness campaigns can also help shed light on the risks of cohabiting without commitment and encourage women to take charge of their lives.
Ultimately, the goal is to break this cycle and create a society where women are not compelled to accept less than they deserve out of fear or dependency. By empowering women with knowledge, confidence, and independence, we can ensure healthier relationships, stronger families, and a brighter future for all.
Let us work together to raise awareness, educate, and inspire women to demand more because they deserve nothing less.
Written by Joyce Angela Asiedu
Joyce Angela Asiedu holds the following academic qualifications:
• Bachelor of Laws (LLB)
• Master of Laws (LLM) in Corporate and Commercial Law
• Master of Arts (MA) in Development Communication
• Professional law Course(BL), Ghana School of Law
