AN APPRAISAL OF THE IMPLICATIONS OF GENDER IN DIVORCE PROCEEDINGS

Abstract

Divorce, as the legal dissolution of marriage, is an enduring social phenomenon that carries significant gender implications. Across societies, its impact is shaped by cultural, economic, and legal frameworks, often resulting in unequal burdens on men and women. In Nigeria, for instance, the consequences of divorce manifest more severely on women due to entrenched patriarchal norms, economic dependency, and inadequate legal protections, despite constitutional provisions guaranteeing equality. Similar gendered patterns can also be observed in other jurisdictions such as Ghana and the United States, though the degree of protection and social support varies considerably. In examining these issues, this study looked at statutory frameworks such as the Matrimonial Causes Act in Nigeria and comparative legal principles from other jurisdictions. It highlights the failure of existing laws to adequately address the asymmetrical consequences of divorce, particularly on women, and underscores the relevance of international human rights instruments advocating equality in marriage and family relations. The paper concludes that although divorce is legally intended to provide relief from marital breakdown, it often reinforces gender inequalities and recommends stronger enforcement of custody and maintenance orders, fairer property division, gender-sensitive judicial practices, and broader legal reforms to ensure more balanced outcomes for both men and women.