Sherrill Vrs Hanson [2022] GHADC 54 (29 November 2022)

Sherrill Vrs Hanson [2022] GHADC 54 (29 November 2022)

The petitioner established, on a balance of probabilities, that the respondent's conduct—comprising threats, abuse, and emotional distress—amounted to unreasonable behaviour, making it unreasonable to expect her to continue living with him. The respondent's allegations of adultery were unproven. Attempts at reconciliation failed, and both parties ultimately sought dissolution. The marriage was found to have broken down beyond reconciliation.

Citation
[2022] GHADC 54
Parties
Petitioner: Mary Sherrill; Respondent: Stephen Kwesi Hanson
Court
District Court
Jurisdiction
Ghana
Judgment Date
29 November 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved.
Legal Topics
Divorce, Custody of Children, Maintenance, Unreasonable Behaviour
Source Language
English
Family Law Divorce Custody of Children Maintenance Unreasonable Behaviour

Case Brief

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Parties

Mary Sherrill

Petitioner

Stephen Kwesi Hanson

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner has established unreasonable behaviour by the respondent
  3. 3 Whether the respondent proved adultery by the petitioner

Ratio Decidendi

The petitioner established, on a balance of probabilities, that the respondent's conduct—comprising threats, abuse, and emotional distress—amounted to unreasonable behaviour, making it unreasonable to expect her to continue living with him. The respondent's allegations of adultery were unproven. Attempts at reconciliation failed, and both parties ultimately sought dissolution. The marriage was found to have broken down beyond reconciliation.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • Decree of divorce granted; marriage certificate cancelled.
  • Custody of three children granted to petitioner with reasonable access to respondent.