BINNEY VRS AGBAVITOR [2023] GHADC 938 (21 March 2023)

The marriage has broken down beyond reconciliation as the parties have not lived together for over two years, and the petitioner is living elsewhere with another man. The requirements of the Matrimonial Causes Act, 1971 (Act 367) have been satisfied. Custody of the children is granted to the respondent for their best interest and continuity of education.

Citation: [2023] GHADC 938
Parties: Petitioner: Charlotte Binney; Respondent: Prince Agbavitor
Court: District Court
Jurisdiction: Ghana
Judgment Date: 21 March 2023
Procedural Posture: Matrimonial Cause / Judgment
Outcome: Petition for dissolution of marriage granted; marriage dissolved; custody of children granted to respondent; no order as to costs.
Legal Topics: Divorce, Child Custody
Source Language: English

Family Law Divorce Child Custody

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Parties

Charlotte Binney

Petitioner

Prince Agbavitor

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

1 Whether the marriage between the parties has broken down beyond reconciliation
2 To whom custody of the two children should be granted

Ratio Decidendi

Court Disposition

Petition for dissolution of marriage granted; marriage dissolved; custody of children granted to respondent; no order as to costs.

Orders

The marriage between the parties on 20th October, 2013 is hereby dissolved.
Custody of the issues Bubune Agbavitor and Dzidufia Agbavitor is granted in favour of the respondent with reasonable access to the petitioner.