Oko and his wife Jemima have been married for 4 years and have a son. On 16th January, 2020, Oko agrees with Jemima to give her an extra GHC500 as housekeeping allowance every term if she picks up their son Ashalley from nursery school every afternoon at 2pm when school is in session. Jemima dutifully picks up Ashalley from school every afternoon for the first term but Oko has refused to pay her the GHC500 as agreed. Jemima is contemplating legal action against Oko.
A. Advise Jemima.
B. Would your answer above be different if Oko and Jemima were separated?
Answer(s):
A. My advice for Jamima would be to withdraw the contemplating action against Oko since it was not a contract enforceable by law.
It might be an agreement consisting of proposal and acceptance, but it did not get legally enforced. Such an agreement between husband and wife and never made with an intent to you go to the court. Oko just made a promise to Jamima, and such an obligation was not enforceable by law, and there was no law-binding agreement in this case since they are husband and wife and are talking about their children.
B. yes, my answer would be different if Oko and Jamima get separated, as now they are not husband and wife. Thus, their agreement would be enforceable by law, since Jamima would not be a part of the family anymore, and the judge will consider her another party in a contract.
At that time, the contract between Oko and Jamima would be any other valid contract and not a mere promise.
Then, Jamima would go to court for taking any legal actions against Oko, since they are no longer a spouse.
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