Arthur Vrs Arthur [2023] GHAHC 67 (18 July 2023)

Arthur Vrs Arthur [2023] GHAHC 67 (18 July 2023)

The marriage had broken down beyond reconciliation as both parties alleged unreasonable behavior and lack of cohabitation; the duplex property is matrimonial property to be distributed equitably; custody and maintenance orders are made in the best interests of the children.

Citation
[2023] GHAHC 67
Parties
Petitioner: Ebenezer Arthur; Respondent: Diana Arthur
Court
High Court
Jurisdiction
Ghana
Judgment Date
18 July 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for dissolution of marriage granted; ancillary reliefs granted with modifications.
Legal Topics
Divorce, Matrimonial Property, Child Custody, Maintenance, Financial Settlement
Source Language
English
Family Law Divorce Matrimonial Property Child Custody Maintenance Financial Settlement

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Parties

Ebenezer Arthur

Petitioner

Diana Arthur

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties had broken down beyond reconciliation
  2. 2 Whether the properties in question are matrimonial property and how they should be distributed

Ratio Decidendi

The marriage had broken down beyond reconciliation as both parties alleged unreasonable behavior and lack of cohabitation; the duplex property is matrimonial property to be distributed equitably; custody and maintenance orders are made in the best interests of the children.

Court Disposition

Petition for dissolution of marriage granted; ancillary reliefs granted with modifications.

Orders

  • Marriage between Ebenezer Arthur and Diana Arthur dissolved
  • Duplex at Celebrity Hills, Tema: one unit with library to Respondent, other to Petitioner