Divorce as a moral trial: gender and lived experiences under Ghana’s Matrimonial Causes Act, 1971 (Act 367)

The irretrievable breakdown of marriage remains the sole legal ground for the dissolution of marriage in Ghana; however, this ground is established through fault-based facts, as stipulated in Section 2 of Act 367. This study examines the structure of the Act as fault-based and assesses its practicality in light of modern-day social realities. Using the lenses of sociological jurisprudence, feminist legal theory, doctrinal analysis, and conversational interview data from divorcees, family lawyers, and legal academics, it has been argued that Act 367 is anchored in a fault-based framework that is inconsistent with contemporary social realities. The findings reveal that fault remains the fulcrum around which the act functions. Spouses who jointly agree to dissolve their marriage peacefully and quickly are still required to prove the breakdown of their marriage through allegations of misconduct. It was also found that the two separation grounds defined by the Act remain largely remote, and the divorce process itself brings about psycho-emotional and social burden. The study concludes that the fault-based grounds specified by Act 367 do not align with contemporary social realities, expectations of dignity, women’s autonomy, or fairness.