KHAYAT VRS KHAYAT (A4/04/18; A4/04/18) [2024] GHACC 25 (12 January 2024)

KHAYAT VRS KHAYAT (A4/04/18; A4/04/18) [2024] GHACC 25 (12 January 2024)

The marriage has broken down beyond reconciliation due to adultery, prolonged separation, and irreconcilable differences. Custody is determined by the welfare principle, with the respondent granted custody of the second child and petitioner custody of the third and fourth children. The marital home is joint property, to be shared equally. Maintenance is ordered for the children, but alimony is denied as both parties are financially independent.

Citation
KHAYAT VRS KHAYAT (A4/04/18; A4/04/18) [2024] GHACC 25 (12 January 2024)
Parties
Petitioner: Benedicta Khayat; Respondent: Lawrence Khayat
Court
ghacc
Jurisdiction
Ghana
Judgment Date
12 January 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted, marriage dissolved
Legal Topics
Divorce, Custody, Maintenance, Marital Property, Alimony
Source Language
eng
Family Law Divorce Custody Maintenance Marital Property Alimony

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Parties

Benedicta Khayat

Petitioner

Lawrence Khayat

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner or respondent is entitled to custody of the children
  3. 3 Whether the petitioner is entitled to maintenance for the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to adultery, prolonged separation, and irreconcilable differences. Custody is determined by the welfare principle, with the respondent granted custody of the second child and petitioner custody of the third and fourth children. The marital home is joint property, to be shared equally. Maintenance is ordered for the children, but alimony is denied as both parties are financially independent.

Court Disposition

petition granted, marriage dissolved

Orders

  • Decree for dissolution of marriage celebrated on 29th January 2011 at Church of Jesus Christ Latter-Day Saints, Ashaiman
  • Marriage certificate LDS/ASH/02/30 and License No. TMA/RM/0003/2011 cancelled