ASANTE VRS ANSAH (A8/216/21) [2024] GHADC 27 (19 January 2024)

ASANTE VRS ANSAH (A8/216/21) [2024] GHADC 27 (19 January 2024)

The marriage has broken down beyond reconciliation due to unreasonable behaviour and desertion by the petitioner, continuous separation for over five years, and irreconcilable differences. Custody of the children is granted to the respondent with access to the petitioner. Maintenance and educational expenses are ordered against the petitioner. No alimony is awarded. Properties acquired during marriage are to be shared equally.

Citation
ASANTE VRS ANSAH (A8/216/21) [2024] GHADC 27 (19 January 2024)
Parties
Petitioner: Isaac Asante; Respondent: Linda Ansah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
19 January 2024
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
marriage dissolved; custody and maintenance orders; property distribution; no alimony
Legal Topics
Divorce, Custody, Maintenance, Property Distribution, Alimony
Source Language
eng
Family Law Divorce Custody Maintenance Property Distribution Alimony

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Parties

Isaac Asante

Petitioner

Linda Ansah

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the petitioner ought to maintain the children and be responsible for all their expenses
  3. 3 Whether the respondent is entitled to alimony

Ratio Decidendi

The marriage has broken down beyond reconciliation due to unreasonable behaviour and desertion by the petitioner, continuous separation for over five years, and irreconcilable differences. Custody of the children is granted to the respondent with access to the petitioner. Maintenance and educational expenses are ordered against the petitioner. No alimony is awarded. Properties acquired during marriage are to be shared equally.

Court Disposition

marriage dissolved; custody and maintenance orders; property distribution; no alimony

Orders

  • Marriage between the parties dissolved.
  • Custody of five children granted to respondent with reasonable access to petitioner every fortnight weekend.