When Divorce Becomes A Moral Trial: Fault, Gender, and Lived Experiences Under Ghana's Matrimonial Causes Act, 1971 (Act 367).

Irretrievable breakdown of marriage remains the sole legal groundfor dissolution of marriage in Ghana; however, this ground is establishedthrough fault-based facts, as stipulated under Section 2 of Act 367. This studyexamines the structure of the Act as fault-based and assesses its practicalityin light of modern-day social realities. Using the lenses of sociologicaljurisprudence, feminist legal theory, doctrinal analysis, and conversationalinterview data from divorcees, family lawyers, and legal academics, it isargued that Act 367 is anchored in a fault-based framework that isinconsistent with contemporary social realities. The findings reveal that faultremains the fulcrum around which the Act functions. To the extent thatspouses who jointly agree to dissolve their marriage peacefully and quicklyare still required to prove the breakdown of their marriage throughallegations of misconduct. It was also found that the two separation groundsdefined by the Act remain largely remote, and the divorce process itselfbrings about psycho-emotional and social burdens. The study concludes thatthe fault-based grounds specified by Act 367 do not align with contemporarysocial realities, expectations of dignity, women’s autonomy, and fairness.