Ashon Vrs Ashon [2022] GHACC 117 (30 November 2022)

Ashon Vrs Ashon [2022] GHACC 117 (30 November 2022)

The marriage has broken down beyond reconciliation due to the cumulative effect of the respondent's unreasonable behaviour and failed reconciliation efforts. Both parties are granted joint custody of the four children, with the two younger children to be with the respondent and the two older with the petitioner, each with reasonable access. The respondent is not ordered to provide maintenance due to his current unemployment and the petitioner's higher earning capacity. The petitioner must return certain electrical appliances to the respondent. No order is made regarding division of landed property as neither party sought such relief and no evidence was tendered.

Citation
[2022] GHACC 117
Parties
Petitioner: Dr. Grace Ashon; Respondent: Daniel Ashon
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved.
Legal Topics
Divorce, Custody of Children, Maintenance, Division of Marital Property
Source Language
English
Family Law Divorce Custody of Children Maintenance Division of Marital Property

Case Brief

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Parties

Dr. Grace Ashon

Petitioner

Daniel Ashon

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation under Section 2(1) of the Matrimonial Causes Act 1971, Act 367
  2. 2 Whether the petitioner is entitled to custody of the children
  3. 3 Whether the respondent should be ordered to provide maintenance for the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the cumulative effect of the respondent's unreasonable behaviour and failed reconciliation efforts. Both parties are granted joint custody of the four children, with the two younger children to be with the respondent and the two older with the petitioner, each with reasonable access. The respondent is not ordered to provide maintenance due to his current unemployment and the petitioner's higher earning capacity. The petitioner must return certain electrical appliances to the respondent. No order is made regarding division of landed property as neither party sought such relief and no evidence was tendered.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • Marriage between the parties is dissolved.
  • Joint custody of the four children granted; two younger children to be with the respondent, two older with the petitioner, each with reasonable access.