Ntiamoah Vrs Ntiamoah [2021] GHACC 3 (13 October 2021)
The marriage has broken down beyond reconciliation as parties have lived apart for over two years and both consented to divorce; neither party proved unreasonable behaviour; property acquired during marriage to be shared equally; custody and maintenance orders made in best interests of children.
- Citation
- [2021] GHACC 3
- Parties
- Petitioner: Gifty Ntiamoah; Respondent: Moses Ntiamoah
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 13 October 2021
- Procedural Posture
- Divorce Petition / Final Judgment
- Outcome
- Petition for divorce granted; marriage dissolved; custody, maintenance, and property orders issued; lump sum and restraining order claims dismissed; no order as to costs.
- Legal Topics
- Divorce, Custody, Maintenance, Property Distribution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gifty Ntiamoah
Petitioner
Moses Ntiamoah
Respondent
Procedural Posture
Divorce Petition / Final Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation under s.2(1)(d) of Act 367
- 2 Whether either party proved unreasonable behaviour justifying divorce
- 3 Entitlement to custody, maintenance, and property distribution
Ratio Decidendi
The marriage has broken down beyond reconciliation as parties have lived apart for over two years and both consented to divorce; neither party proved unreasonable behaviour; property acquired during marriage to be shared equally; custody and maintenance orders made in best interests of children.
Court Disposition
Petition for divorce granted; marriage dissolved; custody, maintenance, and property orders issued; lump sum and restraining order claims dismissed; no order as to costs.
Orders
- Marriage between Gifty Ntiamoah and Moses Ntiamoah dissolved; certificate of divorce to issue.
- Custody of Janet & Grace Ntiamoah granted to petitioner with reasonable access to respondent.
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