MARTHA NARTEY VRS DANIEL KWAME BOADI (C5/90/21) [2022] GHACC 308 (1 December 2022)

MARTHA NARTEY VRS DANIEL KWAME BOADI (C5/90/21) [2022] GHACC 308 (1 December 2022)

The marriage had broken down beyond reconciliation due to failed reconciliation efforts and prolonged separation; both parties must contribute to child maintenance, with the respondent paying Ghs 800 per month; the petitioner is entitled to a reduced lump sum of Ghs 15,000 as financial settlement based on her earning capacity and needs.

Citation
[2022] GHACC 308
Parties
Petitioner: Martha Nartey; Respondent: Daniel Kwame Boadi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
1 December 2022
Case Number
C5/90/21
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed in part; marriage dissolved; maintenance and financial settlement ordered.
Legal Topics
Divorce, Child Custody, Maintenance, Alimony
Source Language
English
Family Law Divorce Child Custody Maintenance Alimony

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Parties

Martha Nartey

Petitioner

Daniel Kwame Boadi

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Quantum of maintenance for the children
  3. 3 Entitlement to lump sum payment as alimony

Ratio Decidendi

The marriage had broken down beyond reconciliation due to failed reconciliation efforts and prolonged separation; both parties must contribute to child maintenance, with the respondent paying Ghs 800 per month; the petitioner is entitled to a reduced lump sum of Ghs 15,000 as financial settlement based on her earning capacity and needs.

Court Disposition

Petition allowed in part; marriage dissolved; maintenance and financial settlement ordered.

Orders

  • Decree of dissolution of marriage issued; marriage certificate cancelled; Registrar to notify Registrar of Marriages at Tema Metropolitan Assembly.
  • Respondent to provide accommodation for petitioner and children until the last child turns 21, completes education/apprenticeship, or petitioner remarries.