Binney Vrs Agbavitor [2023] GHADC 676 (21 March 2023)

The marriage has broken down beyond reconciliation as the parties have not lived together for over two years, and the petitioner is living with another man. The requirements of the Matrimonial Causes Act, 1971 (Act 367) have been satisfied. Custody of the children is granted to the respondent for their best interest and continuity of education.

Citation: [2023] GHADC 676
Parties: Petitioner: Charlotte Binney; Respondent: Prince Agbavitor
Court: District Court
Jurisdiction: Ghana
Judgment Date: 21 March 2023
Procedural Posture: Matrimonial Cause (divorce) / Judgment
Outcome: Petition for divorce granted; marriage dissolved; custody of children granted to respondent with reasonable access to petitioner; no order as to costs.
Legal Topics: Divorce, Custody of Children
Source Language: English

Family Law Divorce Custody of Children

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Parties

Charlotte Binney

Petitioner

Prince Agbavitor

Respondent

Procedural Posture

Matrimonial Cause (divorce) / Judgment

Legal Issues

1 Whether the marriage between the parties has broken down beyond reconciliation
2 To whom custody of the two children should be granted

Ratio Decidendi

Court Disposition

Petition for divorce granted; marriage dissolved; custody of children granted to respondent with reasonable access to petitioner; no order as to costs.

Orders

Dissolution of marriage between Charlotte Binney and Prince Agbavitor
Custody of Bubune Agbavitor and Dzidufia Agbavitor granted to Prince Agbavitor with reasonable access to Charlotte Binney