E D Vrs F A A [2023] GHACC 34 (27 March 2023)

E D Vrs F A A [2023] GHACC 34 (27 March 2023)

The marriage has broken down beyond reconciliation as evidenced by the parties' inability to reconcile after diligent effort, living apart for over a year, mutual loss of affection, and agreement to dissolve the marriage. The statutory requirements under Act 367 have been satisfied.

Citation
[2023] GHACC 34
Parties
Petitioner: Petitioner; Respondent: Respondent
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 March 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition for dissolution of marriage granted; marriage dissolved.
Legal Topics
Divorce, Dissolution of Marriage, Child Custody, Child Maintenance, Consent Judgment
Source Language
English
Family Law Divorce Dissolution of Marriage Child Custody Child Maintenance Consent Judgment

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Divorce 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 parties have satisfied the statutory requirements for dissolution of marriage
  3. 3 Determination of custody and maintenance of children

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by the parties' inability to reconcile after diligent effort, living apart for over a year, mutual loss of affection, and agreement to dissolve the marriage. The statutory requirements under Act 367 have been satisfied.

Court Disposition

Petition for dissolution of marriage granted; marriage dissolved.

Orders

  • Marriage between the parties dissolved forthwith as of 27/3/2023.
  • Custody of the two children granted to Petitioner with reasonable access and visitation rights to Respondent, including weekends and public holidays.