MARIAN ARTHUR vs DR PATRICK ARTHUR

This case involves a divorce petition between a teacher (Petitioner/wife) and a University Lecturer (Respondent/husband). The parties were married on December 23, 2007, and have two children. The Petitioner left the matrimonial home in January 2013 due to alleged physical abuse and constant misunderstandings. Both parties accused each other of unreasonable behavior, and attempts at reconciliation failed. The Petitioner filed for divorce, and the Respondent cross-petitioned. The court, applying the Matrimonial Causes Act 1971 (Act 367), determined that the sole ground for granting a divorce petition is that the marriage has broken down beyond reconciliation. The court found that this condition was satisfied based on the evidence presented, including the parties' inability to live together since January 2013 and the failure of settlement attempts. The court decreed the dissolution of the marriage and entered a consent judgment based on the terms of settlement filed by the parties. These terms included: 1. Dissolution of the marriage 2. Custody of the children granted to the Petitioner with reasonable access to the Respondent 3. The Respondent's responsibility for the children's maintenance, education, and medical expenses 4. Payment of GH¢10,000 lump sum compensation to the Petitioner 5. Settlement of property in Cape Coast in favor of the Petitioner 6. Adjustment of monthly maintenance to GH¢650 7. Additional payment of GH¢4,000 to the Petitioner for alternative land in Accra 8. Timeline for the Respondent to discharge the lump sum and additional payment 9. Each party to bear their own costs This case demonstrates the application of family law principles in divorce proceedings, including the determination of marriage breakdown, settlement of property, and arrangements for child custody and maintenance.