Divorce in Cameroon is the process of terminating a marriage or marital union. A divorce process can be a contested divorce, an uncontested divorce and a consent divorce.
Contested Divorce: This is a divorce process in Cameroon in which the parties are in disagreement to several aspects such as custody of the children, separation of the family property etc. This kind of divorce proceeding experiences a plethora of legal arguments between the parties as represented by their respective attorney.
Uncontested Divorce: This is a divorce process in Cameroon in which the other party to the divorce does not in any way contest the prayers of the applicant to the process. In some cases, the other does not even attend the divorce process and surrenders the entire procedure to the court and the other party (applicant).
- Consent Divorce: A consent divorce process in Cameroon is one in which the parties have jointly agreed on the terms of their separation usually with regards to the custody of children to the marriage and separation of the family property.
GROUNDS FOR A DIVORCE PROCESS IN CAMEROON
The conditions favourable for divorce in Cameroon are on a personal perspective and a legal perspective. However, all reasons for a divorce process in Cameroon are incapsulated in the phrase “The Marriage has broken down Irretrievably”.
Personal Conditions favourable for Divorce in Cameroon
Lack of Commitment
Infidelity
Communication Problems
Abuse
Addiction
Lack of Intimacy
Financial Problems
Legal Conditions favourable for Divorce in Cameroon
There must exist a marriage certificate between the Parties
Mutual Consent for a Consent Divorce Process
Fulfilling the Preconditions required by law
Signing a Divorce Agreement
Statutory Grounds for Divorce in Cameroon
Adultery: Both the Civil code and Matrimonial Causes Act 1973 have established adultery as a ground for divorce
Desertion: One spouse must have deserted for a continuous period of 2 years immediately preceding the filing of the divorce petition.
Intolerable Behaviour: One spouse has behaved in such a way that the other spouse finds it intolerable to stay in the marriage.
Living Apart: The spouses must have lived apart for a continuous period of 5 years preceding the presentation of the petition etc.
WHEN DOES A CONTESTED DIVORCE PROCESS BECOME A CONSENTED DIVORCE PROCESS BEFORE THE CAMEROON COURTS?
Where both parties are in agreement, a contested divorce petition may be converted into a mutual consent divorce. This is often a practical and beneficial step for couples who wish to bring the divorce process to a conclusion more swiftly and with minimal conflict.
The mutual consent divorce is easier to achieve when both parties to the contested divorce procedure in Cameroon sign a settlement agreement or divorce agreement and their respective Attorney file the same document through an application before the judge to be adopted as the wishes of the parties.
BENEFITS OF CONVERTING A CONTESTED DIVORCE TO A CONSENTED DIVORCE IN CAMEROON
- Faster Resolution: Mutual consent divorces are typically resolved more quickly and with far less complexity than contested divorces, offering both parties a more efficient process and significantly reducing the emotional toll of the proceedings.
- Reduced Conflict: Choosing a mutual consent divorce allows couples to sidestep the confrontational dynamics of a contested case, creating the conditions for a more constructive and amicable separation.
- Cost-Effective: In addition to being more straightforward, this process is typically far less expensive than pursuing a lengthy contested divorce.