WILLIAMS VRS AYEH [2023] GHADC 1164 (17 January 2023)

WILLIAMS VRS AYEH [2023] GHADC 1164 (17 January 2023)

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for over nine years, satisfying section 2(1)(e) of the MCA. The respondent has no ownership interest in the family house, but is entitled to a financial settlement due to the duration of the marriage.

Citation
[2023] GHADC 1164
Parties
Petitioner: Daniel Williams per his lawful attorney Emmanuel Assan; Respondent: Hilda Ayeh
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 January 2023
Procedural Posture
Divorce Petition (customary Marriage) / Judgment
Outcome
Petition for dissolution of marriage granted; ancillary reliefs determined.
Legal Topics
Dissolution of Customary Marriage, Ancillary Reliefs, Family Property, Financial Settlement
Source Language
English
Family Law Dissolution of Customary Marriage Ancillary Reliefs Family Property Financial Settlement

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Parties

Daniel Williams per his lawful attorney Emmanuel Assan

Petitioner

Hilda Ayeh

Respondent

Procedural Posture

Divorce Petition (customary Marriage) / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has irreparably broken down
  2. 2 Whether the respondent is entitled to ancillary reliefs including financial settlement and property rights

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for over nine years, satisfying section 2(1)(e) of the MCA. The respondent has no ownership interest in the family house, but is entitled to a financial settlement due to the duration of the marriage.

Court Disposition

Petition for dissolution of marriage granted; ancillary reliefs determined.

Orders

  • Dissolution of the customary marriage contracted on 13th March 2013.
  • Petitioner to pay GHC 30,000 to respondent as financial settlement/alimony.