DARKO VRS ASARE (BR/DR/DC/A4/11/2022) [2024] GHADC 234 (18 July 2024)

DARKO VRS ASARE (BR/DR/DC/A4/11/2022) [2024] GHADC 234 (18 July 2024)

The marriage has irretrievably broken down due to Respondent's unreasonable behaviour and adultery, which were unchallenged. Properties acquired during marriage are presumed joint unless proven otherwise; Petitioner’s pre-marital property remains her own. Custody of children is granted to Petitioner in their best interest. Respondent is ordered to pay maintenance. Cross-petition partially succeeds only regarding jointly admitted property.

Citation
DARKO VRS ASARE (BR/DR/DC/A4/11/2022) [2024] GHADC 234 (18 July 2024)
Parties
Petitioner: Rebecca Adobea Darko; Respondent: Asare Adane Isaac
Court
ghadc
Jurisdiction
Ghana
Judgment Date
18 July 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition granted in part; cross-petition succeeds in part.
Legal Topics
Dissolution of Marriage, Custody of Children, Division of Matrimonial Property, Child Maintenance
Source Language
eng
Family Law Dissolution of Marriage Custody of Children Division of Matrimonial Property Child Maintenance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Rebecca Adobea Darko

Petitioner

Asare Adane Isaac

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the property allegedly acquired by the Petitioner before marriage remains her personal property
  3. 3 Whether the parties acquired the properties in dispute jointly

Ratio Decidendi

The marriage has irretrievably broken down due to Respondent's unreasonable behaviour and adultery, which were unchallenged. Properties acquired during marriage are presumed joint unless proven otherwise; Petitioner’s pre-marital property remains her own. Custody of children is granted to Petitioner in their best interest. Respondent is ordered to pay maintenance. Cross-petition partially succeeds only regarding jointly admitted property.

Court Disposition

Petition granted in part; cross-petition succeeds in part.

Orders

  • Marriage between parties dissolved.
  • Custody of five children granted to Petitioner with reasonable access to Respondent.