By Counsel Melville Roberts
There is a dangerous wave of misinformation currently spreading across The Gambia following the recent judgment delivered by Justice Ebrima Jaiteh in a matrimonial property dispute, where a wife was awarded a share of property acquired during the marriage. Unfortunately, many have rushed to social media drawing wildly inaccurate conclusions, creating the false impression that any woman who files for divorce in The Gambia automatically walks away with fifty percent of everything her husband owns. That is legally false, intellectually dishonest, and a gross misrepresentation of what the court actually decided.
Let us be absolutely clear, divorce does not operate as a magical ticket for one spouse to suddenly claim half of every asset belonging to the other spouse. No serious legal system anywhere in the world functions in such a reckless and simplistic manner. Courts do not distribute property based on emotions, social media excitement, or opportunistic interpretations by individuals suddenly seeing divorce as a financial strategy. Every matrimonial dispute is determined on its own peculiar facts, evidence presented, financial contributions made by each party, direct and indirect contributions to the acquisition of assets, the intentions of the parties, and the legal principles governing ownership. That is how courts work.
The ruling by Justice Jaiteh was not a declaration that wives in The Gambia are now entitled to half of whatever their husbands own. The judgment turned entirely on the unique facts before the court and evidence establishing contribution toward specific property. The court did not announce a blanket legal principle that marriage itself equals automatic ownership over everything acquired by one spouse. Yet predictably, some have taken one court decision and turned it into a dangerous public narrative that women can now threaten husbands with divorce simply to secure property settlements.
What is particularly troubling is how quickly society sometimes abandons nuance and legal reasoning. Instead of understanding the judgment in context, some are now weaponizing it, creating the illusion that marriage is now a shortcut to financial gain. Marriage is a sacred union and divorce proceedings are legal processes governed by evidence and fairness, not opportunities for hustlers masquerading as spouses to suddenly lay claim to assets they neither contributed to nor helped build.
The law is not emotional. The law is not social media gossip. The law is not a one size fits all formula. Each case stands on its own facts and each dispute is examined within its own uniqueness. Those celebrating the false idea that a spouse can simply wake up one morning, file for divorce, and walk away with half of a man’s lifetime assets are setting themselves up for a rude awakening.
The Gambian public must learn to read judgments carefully before rushing to conclusions because nothing in law should ever be taken to extremes, yet unfortunately in our society moderation often disappears the moment sensational headlines emerge. A single judgment based on specific facts does not rewrite the law for an entire nation.
Facts remain facts. Courts determine cases individually and no amount of public excitement can change that reality.
M R R.
PS: Iv received over a dozen calls and messages of individuals asking my opinion because they are now being threatened by their wives to an extent one said his already divorced wife, after several years, has just called him to say she is going to take him to court because she is entitled to half of everything he owns. My response was simple: let her go! The courts do not entertain monkeys.