By: Moses Kay Fembeh
Freetown, Sierra Leone In a landmark step toward modernizing family law, the Law Reform Commission of Sierra Leone (LRC), in collaboration with the Ministry of Gender and Children’s Affairs and the United Nations Development Programme (UNDP), has launched a comprehensive review of the Matrimonial Causes Act, Cap 102; a colonial-era statute enacted in November 1950 that has remained virtually untouched for over seven decades.
Modernising an Outdated Framework
The Matrimonial Causes Act currently governs matters such as divorce, judicial separation, restitution of conjugal rights, and annulment. However, legal experts argue that the Act no longer reflects Sierra Leone’s social realities or international best practices. While the United Kingdom replaced its version of the law in 1973, Sierra Leone continues to operate under its original framework, making reform both overdue and necessary.
A national validation meeting held at the Sierra Leone Bank Complex in Kingtom, Freetown, marked a key milestone in the reform process. Legal practitioners, women’s rights advocates, and civil society representatives gathered to discuss the draft report developed by the LRC’s review subcommittee, which contains far-reaching proposals to align the law with modern standards.
Key Areas of Reform
The review introduces progressive recommendations that address longstanding gaps and inequities within the current law.
- Judicial Separation and Restitution of Conjugal Rights:
The reform seeks to clarify and modernise these legal remedies, which critics say are coercive and outdated under the existing system.
- Modern Definitions and Privacy Protections:
The draft proposes redefining adultery to include digital or virtual infidelity, reflecting the influence of modern communication on relationships. It also calls for greater protection of privacy by ensuring that sensitive family proceedings are conducted in camera (privately).
- No-Fault Divorce and Mutual Consent:
The existing Act requires proof of adultery, cruelty, or desertion, criteria that often prolong disputes and heighten emotional distress. The reform proposes introducing an irretrievable breakdown of marriage as a ground for divorce, allowing couples to part amicably without blame.
- Equitable Division of Property:
Under the current framework, property acquired during marriage is not automatically treated as joint. The proposed changes would guarantee fair distribution of all assets gained by either spouse during the marriage.
- Gender-Neutral Spousal and Child Support:
The draft report recommends replacing gendered maintenance provisions with neutral, capacity-based obligations, ensuring that financial responsibility reflects ability rather than gender.
- Eliminating Gender Disparities:
The reform also targets legal inequalities, for instance, removing the requirement that only husbands must name a co-respondent in adultery cases. Both spouses would now have equal rights and obligations in divorce proceedings.
Aligning Law with National Development Goals
Officials emphasised that this reform extends beyond legal modernisation; it is a social transformation initiative.
During the validation session, senior officials from the Ministry of Gender and the Law Reform Commission emphasized that the revised law must align with Sierra Leone’s broader national frameworks, including the Gender Equality and Women’s Empowerment (GEWE) Act and the Mid-Term National Development Plan.
“The nation has been flying on antiquated wings in a rapidly changing world,” remarked LRC Chairman, Mr. Yada Hashim Williams Esq. “Laws that once served their time must now evolve to protect the sanctity, equality, and dignity of marriage in the 21st century.”
The Road Ahead
Following the validation meeting, the LRC is expected to integrate stakeholder feedback and finalise its recommendations for Cabinet and Parliamentary review. If enacted, the new law would not only align Sierra Leone with international best practices but also enhance the protection of family rights, promote gender equality, and strengthen justice within the country’s legal system.
As the process advances, reform advocates remain hopeful that this long-awaited transformation will usher in a new era of fairness, equality, and respect within Sierra Leone’s matrimonial jurisprudence.
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