FAMILY AND MARRIAGE LAW IN CAMEROON

Divorce also referred to as the dissolution of a marriage is the legal process by which a marriage is formally terminated. It typically entails the cancellation or reorganization of the legal duties and responsibilities arising from the marriage, in accordance with the laws of the relevant country or state.

Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Divorce proceedings in Cameroon are governed by two distinct legal systems, determined by the region in which the parties are situated: the Civil Law system, which applies in the French-speaking regions, and the Common Law system as embodied in the Matrimonial Causes Act, which applies in the English-speaking regions.

STATUTE OF LIMITATION TO INITIATE A PETITION FOR DIVORCE IN CAMEROON

The civil law code applicable in the French speaking regions of Cameroon has not expressly stated the bar to initiating a divorce process in Cameroon.

The common law jurisdiction in application of the Matrimonial Causes Act 1973 and the Matrimonial and Family Proceedings Act 1984 is to the effect that:

- No petition for divorce shall be presented to the court before the expiration of the period of one year from the date of marriage.

- Nothing in this section shall prohibit the presentation of a petition based on matters which occurred before the expiration of that period.”

GROUNDS FOR DIVORCE UNDER THE COMMON LAW COURTS OF CAMEROON

In conformity with the Matrimonial Causes Act 1973 and the Matrimonial and Family Proceedings Act 1984 applicable in the English speaking regions of Cameroon, the following constitute grounds for a divorce petition:

  • That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
  • That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
  • That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
  • That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted;
  • That the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.

GROUNDS FOR DIVORCE UNDER THE CIVIL LAW COURTS OF CAMEROON

According to the Cameroon civil code, the grounds for a divorce petition are stated as follows:

  • As per Article 229 (Law of April 12, 1945, Official Journal, 1947, p. 560), the husband may petition for divorce on the grounds of his wife's adultery.
  • As per Article 230 (Law of April 12, 1945), the wife may petition for divorce on the grounds of her husband's adultery.
  • As per Article 231 (Law of April 12, 1945), the conviction of one spouse to a penal and infamous crime shall be grounds for divorce for the other spouse.
  • As per Article 232 (Law of April 12, 1945), apart from the cases provided for in Articles 229, 230 and 231 of the Code, judges may only pronounce a divorce, at the request of one of the spouses, for excesses, abuse or insults by one towards the other, when these acts constitute a serious or repeated violation of the duties and obligations arising from the marriage and making the continuation of the marital bond intolerable.
  • Abandonment of the marital home: The unjustified departure of a spouse.

In Cameroon's civil law courts which operate primarily in the French-speaking regions and are governed by the Civil Code divorce is granted on the basis of fault, encompassing grounds such as adultery, cruelty, abuse, severe injury, or conviction for a serious criminal offence. It further requires proof that the marriage has broken down irretrievably and that continued cohabitation has become intolerable.

BURDEN, STANDARD AND NATURE OF PROOF IN DIVORCE MATTERS IN CAMEROON

ADULTERY

  • Burden of Proof: The burden of proof means the duty of the person making a claim to prove it is true. In a legal claim of adultery, the spouse making the accusation must prove it.
  • Standard of Proof: The burden is very high. Courts usually require either clear and convincing evidence or proof beyond a reasonable doubt. This means you must show it is almost certain the affair happened.
  • Nature of Proof: Text messages, emails, or letters. Credit card bills or receipts showing hotel stays, romantic dinners, or gifts. Social media activity or photos. Testimony from witnesses or private investigators. Admissions or confessions by the cheating spouse.
  • Remedy: The primary remedies for healing a marriage after adultery focus on cutting off the affair, seeking professional therapy, and systematically rebuilding broken trust. Discovering infidelity is an incredibly painful experience, but if both partners are genuinely committed to reconciling, it is possible to build a new, stronger version of the relationship.

DESERTION

  • Burden of Proof: In a spouse desertion case, the partner making the claim must prove two things: the other spouse left on purpose (the fact of separation) and they intended to abandon the marriage permanently (the intent to desert).
  • Standard of Proof: You do not need to prove the desertion "beyond a reasonable doubt". Instead, you must prove it by a preponderance of the evidence. This simply means your evidence shows it is more likely than not that your spouse abandoned the marriage.
  • Nature of Proof: Written proof, Witness statement, financial records, timeline of separation.
  • Remedy: Protect you finances, child custody, seek support.

INTOLERABLE BEHAVIOUR

  • Burden of Proof: You must present evidence to show your spouse acted as alleged.
  • Standard of Proof: Proof must be on a balance of probabilities. This means you must show that your claims are "more likely to be true than not true." The court looks at how the behaviour affected you specifically, rather than evaluating if the conduct was generally "good or bad." The test is subjective.
  • Nature of Proof:
  • Specific Examples: A list of incidents with dates, times, and clear descriptions of what happened.
  • Impact Statements: Evidence of the emotional or physical toll the behaviour took on you (e.g., medical records, counselling notes).
  • Witness Statements: Sworn accounts from friends, family members, or neighbours who have directly witnessed the behaviour.
  • Corroborating Documentation: Police reports (for domestic abuse), financial records (for hidden debt or financial abandonment), or written messages/emails.
  • Remedy
  • Ensure immediate safety
  • Set clear boundaries
  • Seek outside help
  • Know when to walk away

CONTESTABLE ASPECTS OF A DIVORCE IN CAMEROON

Property

  • Joint Property
  • Burden of Proof: Both partners usually share the burden to prove the property was bought while they were married.
  • If a spouse claims a single asset is actually joint, they must show it was bought with joint funds or that both contributed to its value.
  • Nature of Proof: Deed of title, Bank Statement, Shared effort.
  • Separate Property
  • Burden of Proof: If one spouse claims an asset is theirs alone, they have the burden of proof. They must prove it was a gift, an inheritance, or bought with money earned before the marriage
  • Nature of Proof: Deed of Gift, Inheritance, Bought by personal income before marriage.

Custody of Children

  • Bonding
  • Burden of Proof: Relatively younger children bond with their mother. Natural circumstances involve cases of breastfeeding mothers. The maternity period is sufficient.
  • However, older children seek to have a stronger of choice in terms of parental bonding where there is a dispute and their opinion should be sought.
  • Nature of Proof: Through circumstances like breastfeeding for babies and opinion for older children.

ROLE OF THIRD-PARTY EVIDENCE IN A DIVORCE PROCESS IN CAMEROON

In divorce proceedings in Cameroon, third-party evidence serves as the objective proof required to establish that the marriage has broken down irretrievably and without any reasonable prospect of repair. Given the sensitive and private nature of matrimonial disputes, judges rely upon the testimony of independent witnesses and expert opinion to substantiate allegations such as adultery, abandonment, or cruelty.