Atsu Segbornya Edem Vrs Foster Tawiah [2023] GHACC 403 (31 August 2023)

Atsu Segbornya Edem Vrs Foster Tawiah [2023] GHACC 403 (31 August 2023)

The marriage has broken down beyond reconciliation as the parties have not lived together for four years, the respondent consented to dissolution, and all efforts at reconciliation have failed. The court is satisfied on the evidence and adopts the terms of settlement as consent judgment.

Citation
[2023] GHACC 403
Parties
Petitioner: Atsu Segbornya Edem; Respondent: Foster Tawiah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
31 August 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved; terms of settlement adopted as consent judgment
Legal Topics
Divorce, Child Custody, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Child Custody Maintenance Matrimonial Property

Case Brief

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Parties

Atsu Segbornya Edem

Petitioner

Foster Tawiah

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Custody and maintenance of the children of the marriage

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived together for four years, the respondent consented to dissolution, and all efforts at reconciliation have failed. The court is satisfied on the evidence and adopts the terms of settlement as consent judgment.

Court Disposition

petition granted; marriage dissolved; terms of settlement adopted as consent judgment

Orders

  • The Ordinance Marriage celebrated on 3rd August, 2008 is dissolved.
  • Custody of the children is granted to the petitioner with reasonable access to the respondent.