DEBORA DEGRAFT AIKINS VRS ERIC DEGRAFT AIKINS (C5/90/16) [2022] GHACC 326 (24 November 2022)

DEBORA DEGRAFT AIKINS VRS ERIC DEGRAFT AIKINS (C5/90/16) [2022] GHACC 326 (24 November 2022)

The marriage had irretrievably broken down as parties lived apart for over eight years and all reconciliation efforts failed. Matrimonial property acquired during marriage is to be shared equally; the petitioner is entitled to the matrimonial home and a vehicle. Maintenance arrears are limited to the period petitioner had custody of the child. Financial provision is granted as claimed. Respondent's attempt to defeat property settlement by alleged gift to children was found to be a forgery and disregarded.

Citation
[2022] GHACC 326
Parties
Petitioner: Debora Degraft Aikins; Respondent: Eric Degraft Aikins
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
24 November 2022
Case Number
C5/90/16
Procedural Posture
Divorce / Final Judgment
Outcome
petition for dissolution of marriage granted; cross-petition for dissolution granted; property and financial orders issued
Legal Topics
Dissolution of Marriage, Matrimonial Property, Child Custody, Maintenance, Financial Provision
Source Language
English
Family Law Dissolution of Marriage Matrimonial Property Child Custody Maintenance Financial Provision

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Parties

Debora Degraft Aikins

Petitioner

Eric Degraft Aikins

Respondent

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Entitlement to settlement of matrimonial home
  3. 3 Entitlement to settlement of grocery store and drinking spot

Ratio Decidendi

The marriage had irretrievably broken down as parties lived apart for over eight years and all reconciliation efforts failed. Matrimonial property acquired during marriage is to be shared equally; the petitioner is entitled to the matrimonial home and a vehicle. Maintenance arrears are limited to the period petitioner had custody of the child. Financial provision is granted as claimed. Respondent's attempt to defeat property settlement by alleged gift to children was found to be a forgery and disregarded.

Court Disposition

petition for dissolution of marriage granted; cross-petition for dissolution granted; property and financial orders issued

Orders

  • Dissolution of customary marriage celebrated on 19th July, 1996
  • Custody of the only child granted to respondent until age 21