Who is a Foreign National in the Cameroon Marriage System?
According to Article 2 of law n° 97/012 of 10 January 1997 in relation to the entry, sojourn and exit conditions for foreigners in Cameroon,‘...a foreigner is anyone:
- Without a Cameroonian nationality;
- With a foreign nationality;
- Or, with no nationality’
Nationality is the political and legal link that unites individuals to a state that constitutes the national community and gives to the subjects the status of being members of the state.
How is Residence Assessed by the Cameroon Courts in Divorce Proceedings where a Foreign National is a Party?
- Husband to the Marriage in Cameroon
- If the foreign national is the husband to the marriage celebrated in Cameroon and a marriage certificate was duly established in Cameroon, the residence of the court will be the place of celebration of the marriage.
- Wife to the Marriage in Cameroon
- By virtue of Decree n° 1968 DF-478 of the 16th December 1968 to Establish Rules of Procedure Under the Nationality Code, a foreign woman will acquire Cameroonian nationality upon marriage to a Cameroonian man.
What is the Best Form of Divorce Application where the Foreign National is Resident Abroad and the Cameroon National is in Cameroon?
- Husband to the Marriage
Where the foreign national is resident abroad being the husband, the best form of Divorce process in Cameroon is the consent divorce process which will save him time, money and stress.
- Wife to the Marriage
Where the foreign national is resident abroad being the wife, the best form of divorce process to engage just like the case of the husband is the consent divorce process.
What is the Best Form of Divorce Application where both Parties are out of Cameroon?
Where both parties are out of Cameroon and intend to divorce, the best method is the consent divorce process.
Can a Divorce Process involving a Foreign National in Cameroon be a Contested Divorce?
Yes, a contested divorce is equally open to a marriage between a Cameroon national and a foreign national especially in cases of disagreement over aspects like:
- Custody of children;
- Alimony;
- Distribution of the Family Property.
When does the Divorce Process in Cameroon involving a Foreign National become Uncontested?
A divorce process becomes uncontested when one party does not attend to the process after being served with the originating divorce process thereby admitting to all the facts deposed to in the divorce petition/application by the other party.
Can the Foreign National and the Cameroonian Apply for a Consent Divorce before the Cameroon Courts?
Yes, both parties can sign a divorce settlement document which will state the terms of their divorce before the court in Cameroon.
What are the determinant factors for the divorce matter to be held before the Cameroon court?
- Marriage Celebration: The marriage between the Foreign National and the Cameroonian was celebrated in Cameroon.
- Residence: The married coupled were resident in Cameroon after marriage.
- Property Regime: The property to the marriage is mentioned in the Cameroon marriage certificate.
Types of orders to be granted in a divorce process in Cameroon
- Custody: Custody is a legal arrangement that establishes who has the right to make decisions about a child and where a child will live. Custody only applies to children under the age of 18. When you get a custody order from a judge, it will determine two types of custody: legal custody and physical custody.
- Alimony: Alimony, or spousal support/maintenance in Cameroon Divorce Law constitutes a court-ordered financial obligation requiring one spouse to provide financial support to the other following legal separation or divorce.
- Property Distribution: A decision on how the property to the marriage is distributed between the parties to the divorce case.