JONES DOTSE JSC: Lord Denning in his book, “Landmarks in the Law” Butterworths, 1954, writes at page 176 “on change in attitude of the British people to Divorce” as follows:
“There is no longer any binding knot for marriage. There is only a loose piece of string which the parties can untie at will. Divorce is not a stigma. It has become respectable. One parent families abound.”
The above quotation can equally be said to be applicable to the Ghanaian society as well.
In the instant case since the parties are not contesting the issue of divorce, but only devolution of property acquired during the subsistence of the marriage upon divorce, we will focus our attention to those issues.
What then are the facts in this case? In view of the importance that this court attaches to the legal and constitutional issues determinable in this case, we have considered it worthwhile to narrate in great detail, not only the facts of the case, but the reasons behind the trial court decision as well as…