When the Corporate Veil Hides the Matrimonial Estate: A Case for Legal Reform in Ghana

Abstract This article explores the challenge of financially advantaged spouses concealing assets within corporate structures during divorce proceedings, using the English legal framework as a reference point for potential reforms in Ghana. Although Ghana has made significant strides in ensuring the equitable distribution of marital property, these efforts may be insufficient if the concealment of personal or marital assets within corporate entities is not adequately addressed. The study focuses on the English legal distinction between piercing and lifting the corporate veil. It highlights that while piercing the corporate veil is a stringent measure used sparingly and typically in cases of fraud or evasion, lifting the veil is more pertinent in matrimonial disputes for revealing the actual control and ownership of assets. The article advocates for a clearer and more systematic application of the veil-lifting principles in Ghanaian law to expose hidden marital and personal assets effectively. By adopting these principles, Ghana can strengthen its legal framework to ensure a more equitable distribution of marital assets and achieve fairer outcomes in divorce proceedings.