Ntiamoah Vrs Ntiamoah [2021] GHACC 3 (13 October 2021)

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

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Parties

Gifty Ntiamoah

Petitioner

Moses Ntiamoah

Respondent

Procedural Posture

Divorce Petition / Final Judgment

  1. 1 Whether the marriage has broken down beyond reconciliation under s.2(1)(d) of Act 367
  2. 2 Whether either party proved unreasonable behaviour justifying divorce
  3. 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.