Richard Quaye Divorce: Lawyer Explains Relevance of Filing a Freezing Order on Assets
- A Ghanaian lawyer has offered legal education on what should be done when it comes to divorce cases involving high-net-worth individuals
- In a video, he admonished the petitioner’s lawyer to obtain a freezing order from the court on assets to prevent them from being transferred into the name of another entity
- He gave this advice against the backdrop of Ghanaian businessman Richard Nii Armah Quaye’s divorce case with his ex-wife
A Ghanaian lawyer, Isaac Wilberforce Mensah, has waded into the divorce case between wealthy businessman Richard Nii Armah Quaye and his ex-wife, Joana Quaye.
In a video on his TikTok, the Ghanaian lawyer, who is now based abroad, reacted to claims that transferring assets to another entity during a divorce settlement in court would be the best option.
Source: Facebook
Reacting to such concerns, Lawyer Wilberforce Mensah explained that in a divorce case deemed to be high net worth, the petitioner’s lawyer is supposed to file a freezing order.
This, he said, would ensure that the assets of the respondent are frozen pending the final determination of the matter.
"When a divorce petition is filed, this usually happens in high net worth divorce cases. So if the respondent is somebody of substantial means, or someone who has private debts or is giving out gold on the internet, among others, this is what you’re supposed to do. You’re supposed to file an ex parte motion for a Mareva injunction."
"Now, a Mareva injunction is a freezing order. So what you’re supposed to do is to ask the court to give an order that the assets of the respondent be frozen. So the respondent’s bank accounts and other assets are frozen. Those assets cannot be transferred pending the final resolution or determination of the divorce case."
The lawyer also opened up on instances where the court can lift the corporate veil on assets to ensure there is an amicable settlement.
"So the court can void that transfer. So if in this particular case, the person transferred, let’s say, an airplane or a private jet into his company’s name, if it was in his personal name at first, or if houses or other assets originally in his name have been transferred to the company, the court can say, ‘Look, you did this with the intention of avoiding liability when the divorce petition was filed.’ So the court can void all those transfers and make the necessary equitable decisions."
The legal education comes on the back of a ruling by an Accra High Court judge, Justice Kofi Dorgu, who awarded Joana Quaye a one-third share of a house at Dansoman, GH₵300,000 in financial provision, and GH₵5,000 monthly for the upkeep of their three children, along with two cars.
Source: Facebook
The judge’s ruling, according to The Law Platform, was aimed at preventing frequent divorces driven by expectations of large financial gains.
Justice Kofi Dorgu also noted that Richard Armah Quaye's ex-wife was still attractive and could remarry, which formed part of his reasoning.
At the time of writing this report, the video had generated a lot of reactions.
Watch the TikTok video below:
Richard Quaye fuels Hajia4Reall dating rumours
In a related development, YEN.com.gh also reported that Richard Quaye caused a stir after publicly praising Hajia4Reall’s beauty.
The businessman’s comment on her viral photo has intensified speculation, with many expecting the duo to go public with their romance soon.
Source: YEN.com.gh
