MENSAH VRS AGBENYA (C5/12/2023) [2024] GHACC 28 (20 February 2024)

MENSAH VRS AGBENYA (C5/12/2023) [2024] GHACC 28 (20 February 2024)

The marriage has broken down beyond reconciliation as both parties have irreconcilable differences, have not lived together for at least two years, and respondent consents to divorce. Petitioner failed to prove unreasonable behaviour but evidence supports breakdown of marriage.

Citation
MENSAH VRS AGBENYA (C5/12/2023) [2024] GHACC 28 (20 February 2024)
Parties
Petitioner: Grace Adusei Mensah; Respondent: Aspects Nukunu Agbenya
Court
ghacc
Jurisdiction
Ghana
Judgment Date
20 February 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted
Legal Topics
Divorce, Matrimonial Property, Alimony, Consent Judgment
Source Language
eng
Family Law Divorce Matrimonial Property Alimony Consent Judgment

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Parties

Grace Adusei Mensah

Petitioner

Aspects Nukunu Agbenya

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation

Ratio Decidendi

The marriage has broken down beyond reconciliation as both parties have irreconcilable differences, have not lived together for at least two years, and respondent consents to divorce. Petitioner failed to prove unreasonable behaviour but evidence supports breakdown of marriage.

Court Disposition

petition granted

Orders

  • Marriage between the parties dissolved.
  • Marriage certificate cancelled.