AGYEMANG VRS AGYEMANG (A4/143/22) [2023] GHADC 854 (17 August 2023)

AGYEMANG VRS AGYEMANG (A4/143/22) [2023] GHADC 854 (17 August 2023)

Both parties admitted the marriage had broken down beyond reconciliation, had lived apart for more than two years, and diligent efforts at reconciliation had failed. The court found the marriage irretrievably broken and dissolved it under the Matrimonial Causes Act, adopting the parties' settlement terms on ancillary issues.

Citation
[2023] GHADC 854
Parties
Petitioner: Gordon Osei Agyemang; Respondent: Bernice Osei Agyemang
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 August 2023
Case Number
A4/143/22
Procedural Posture
Divorce Petition / Judgment
Outcome
marriage dissolved
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property

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Parties

Gordon Osei Agyemang

Petitioner

Bernice Osei Agyemang

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether custody of the children should be granted to the respondent and the maintenance of the children
  3. 3 Whether the respondent is entitled to be compensated with a lump sum

Ratio Decidendi

Both parties admitted the marriage had broken down beyond reconciliation, had lived apart for more than two years, and diligent efforts at reconciliation had failed. The court found the marriage irretrievably broken and dissolved it under the Matrimonial Causes Act, adopting the parties' settlement terms on ancillary issues.

Court Disposition

marriage dissolved

Orders

  • Marriage between the parties is dissolved under Section 2(1)(d) and 2(1)(f) of the Matrimonial Causes Act, 1971 (Act 367)
  • Settlement terms on ancillary issues adopted