FAMILY AND MARRIAGE LAW IN CAMEROON

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the cancelling and reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of Cameroon. How to get a divorce decree in Cameroon is founded in the procedure to obtain a divorce in consideration of the common law and civil law jurisdiction in Cameroon.

A divorce process in Cameroon is not a straight forward procedure as it is subject to preliminary considerations which form the condition sine qua non to obtaining the divorce decision before the competent court.

PRELIMINARY STEPS TO ENGAGE A DIVORCE PROCESS IN CAMEROON

The preliminary step to engage a divorce process in Cameroon is for the divorce attorney to engage in accordance with the rules of practice and procedure in the common law jurisdiction of Cameroon precisely Rule 7.6 of the Family Procedure Rules 2010 alongside section 6(1) of the Matrimonial Causes Act of 1973 a reconciliation process between the parties to the divorce process. When the reconciliation fails, the divorce attorney is to establish a certificate relating to the reconciliation process which must form the basis upon which the Divorce application is filed before the competent High Court.

ISSUES TO VERIFY IN VIEW TO ENGAGE A DIVORCE PROCESS IN CAMEROON

Upon the satisfaction of Section 1(1) and (2) of the Matrimonial Cause Act of 1973 alongside the other supplementary laws applicable in the Common Law jurisdiction of Cameroon and Section 229, 230, 231 and 232 of the Civil Code applicable in the Civil Law jurisdiction of Cameroon, the following issues must be ascertained by the family solicitor;

1. Whether the marriage produced any children and the aspect of custody.

2. The property regime of the marriage. Whether it is a joined property regime or a separate property regime.

3. Whether the property of the spouses existed before the marriage or was acquired in the marriage.

4. Whether the divorce in Cameroon will be a consented divorce or a contentious divorce process.

REGULATORY FRAMEWORK TO GET A DIVORCE DECREE IN CAMEROON

  • Regulatory Framework for a Divorce Decree in the Common Law Jurisdiction
  • Divorce proceedings in the common law jurisdiction of Cameroon is regulated by the following laws:
  • Matrimonial Causes Act 1973
  • Married Women Property 1882
  • Family Procedure Rules 2010
  • Civil Status Registration Ordinance 1981
  • Divorce, Dissolution and Separation Act 2020
  • Child Rights Act
  • Law No. 2011/027 of 14 December 2011 on Judicial Organisation in Cameroon.
  • Regulatory Framework for a Divorce Decree in the Civil Law Jurisdiction
  • Divorce proceedings in the civil law jurisdiction of Cameroon is regulated by the following laws:
  • The Civil Code,
  • The Civil Status Registration Ordinance
  • Law No. 2011/027 of 14 December 2011 on Judicial Organisation in Cameroon

CONDITIONS FAVOURABLE 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.

TYPES OF DIVORCE PROCESS IN CAMEROON

In the Cameroon bijural system, there are three types of divorce processes in Cameroon to wit:

  • 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.

INTERLOCUTORY APPLICATIONS IN A DIVORCE PROCESS IN CAMEROON

Interlocutory orders in divorce proceedings in Cameroon are commonly sought in situations where immediate action is required to protect individuals or preserve the status quo pending the final court judgment. Some of such orders are as follows:

Parenting arrangements: Establishing interim custody decisions, visitation schedules, or decision-making responsibilities for children.

Property matters: Preventing the sale or disposal of shared assets of the marriage, such as a family home or financial accounts.

Safety concerns: Ensuring protection from domestic violence or abuse between the couples through restraining orders or injunctions.

Urgent financial support: Ordering temporary spousal maintenance or financial assistance for dependents in the marriage.

Preservation of evidence: Preventing destruction or tampering with critical documents or items relevant to the divorce case.

IMPORTANCE OF A DIVORCE AGREEMENT IN CAMEROON

A divorce agreement is a process whereby both parties to the divorce process in Cameroon establish terms in writing to be adopted by the court in settlement of their divorce. The importance of this process is as follows:

  • It maintains the dignity of both parties to the divorce process.
  • It avoids waste of time in prolonged contested proceedings.
  • It saves money for both parties.
  • It ensures stability of the children of the marriage.
  • It avoids confusion on the management and sharing of property in the marriage.
  • It maintains a bond between the children and the separated parents.
  • It avoids a court decision which will otherwise be against the wishes of the parties to the divorce process.

This exercise is usually engaged with the assistance of the attorney of both parties to the divorce process in Cameroon.

A divorce agreement in Cameroon enables the parties to the divorce process to have control in the outcome of the court decision.

ISSUES THAT DELAY THE PRONOUNCIATION OF A DIVORCE DECISION/JUDGMENT IN CAMEROON

  • Property Settlement
  • Custody of Children
  • Fraud (Penal case puts on hold a civil case)

WHAT IS A DECREE NISI FOR DIVORCE IN CAMEROON?

It is a provisional decree of divorce in Cameroon that is given by the competent court. It is given when the legal and procedural requirements for divorce are met by the parties. However, after receiving the Decree Nisi the marriage still stands and further action is required to become legally divorced.

WHAT IS A DECREE ABSOLUTE FOR DIVORCE IN CAMEROON?

A decree absolute of divorce is a final decision making the divorce legally binding between the parties. This is the final step to end the marriage between the parties to the divorce process in Cameroon.

PROCEDURE FOR DIVORCE BEFORE THE COMMON LAW JURISDICTION OF CAMEROON

a. Pre-Filing Process of the Family/Divorce Attorney

- The family solicitor will engage an interview with the intended petitioner,

- The family solicitor will engage an attempt to reconcile procedure after the client’s briefing,

- The family solicitor will ascertain whether there exist any children in the marriage and the ages of the children,

- The family solicitor will ascertain the property regime of the marriage and whether there exists any property in the marriage,

- The family solicitor should ascertain aspects of jurisdiction of the court to hear the divorce matter.

b. Documents Required

Upon the successful appraisal of the above aspects, the family solicitor is to request for the following documents;

1. The marriage certificate

2. The birth certificate of the children if any

3. Any document as prove of existence of a property in the marriage

4. A certificate of residence

c. Documents Established by the Divorce Attorney for the Court Filing

1. A divorce Application

2. A verifying affidavit on oath attesting to the facts contained in the petition.

3. A certificate of reconciliation attesting to the fact that the family solicitor has made an attempt to reconcile the parties which failed.

The documents will be served on the respondent within the prescribed timeframe established by law in order to ensure that the principle of fair hearing is respected.

Upon a successful plea before the court, the court will grant an ORDER NISI and an ORDER ABSOLUTE in the case of a contested divorce in Cameroon. After which a CERTIFICATE OF DIVORCE and a judgment will be issued to the parties in the matter.

PROCEDURE FOR DIVORCE BEFORE THE CIVIL LAW JURISDICTION OF CAMEROON

The filing for a divorce process before the civil law jurisdiction of Cameroon is engaged in two ways as follows:

  • Before the Magistrate Court (Tribunal Traditionelle de Premier Degree)

The procedure before this court is based on the joint acceptance of both parties to be bound by the jurisdiction of this court. If any of the parties does not consent to the jurisdiction of this court, the procedure will fail.

  • Before the High Court (Tribunal de Grande Instance)

At the level of the High Court, there are two stages to wit:

  • The Reconciliation Stage (Petition and Conciliation)
  • Filing the Petition: The spouse wishing to divorce, assisted by a lawyer, files a petition with the competent Court of First Instance (TPI). This petition must set out the facts and grounds for divorce.
  • Summons to Conciliation: The family court judge summons the spouses for a conciliation hearing. This step is mandatory. The judge will attempt to reconcile them.
  • Provisional measures: If conciliation fails, the judge may rule on provisional measures (separation of residence, custody of children, etc.) and authorizes the petitioning spouse to initiate divorce proceedings.
  • If this stage, both parties to the marriage fail to reconcile, then the diligent party will take an order to seize the High court in proper divorce proceedings. This stage is engaged in the chambers of the judge and is in camera.
  • The Petition for Divorce Stage: Where reconciliation fails, the diligent party to the marriage will seize the high court for a divorce petition to be adjudicated upon in open court.

CASES OF DIVORCE IN CAMEROON

  • Common Law Cases of Divorce in Cameroon
  • Achu Joseph v Afa Lucas (CASWP/CC/52/83) unreported.
  • Anya Paul v Anya Helen Bih (CASWP/CC/9/ 88) unreported.
  • Ambi Chrysantus v Engwali Catherine Mbah (HCB/15m/2001) unreported.
  • Chumboin née Nikieh Prudencia v Chumboin Pius Akom (1998)1 CCLR p53
  • Siewe Theresia v Siewe Andrew Manga (HCF/40/95/MC) CCLR (1998)2
  • Civil Law Cases of Divorce in Cameroon
  • Bebey Ekoume v Ebenye Marie (1970) Rev. Cam. De Drt.
  • Dame Che née Labah Florence v Che Peter Fuh (Jugement No. 43/CIV/TGI du 09 Juin 2003 Dschang) unreported.
  • Dame Njomou née Kapawo Jeanne v Zebaze Jules Flaubert (Jugement No.224 du 17 janvier 2007 du TGI du Mfoundi) unreported.
  • Fonzin v Fonzin Emilie Felicité (Jugement No. 09/CIV/TGI avril 2010) unreported.
  • Pamo Cecile v Pamo Tedonkeng Etienne (Jugement No. 43/CIV/TGI Juillet 2004) unreported.
  • Customary Court Cases in English Speaking Cameroon
  • Ade Vincent v Ngwe Scholastica (Suit No. 106/86-87, CRB1/86-87 Mankon) unreported.
  • Alemnji Dorothy Atemfua v Alemnji Lawrence Asong (Suit No. 27/09, CRB 20629826/2009 Fontem) unreported.
  • Anderson v Anderson (Suit No. 36/82-83 Limbe) unreported.
  • Anya Paul v Anya Helen Bih (CRB 8/86-87 Limbe) unreported.
  • Customary Court Cases in French Speaking Cameroon
  • Kamte Boniface v Djouonzo Marie Bertha-Aimee (Jugement No. 63c/2011) unreported.
  • Simo Felicite v Gousson Joseph Miterrand (Jugement No. 170c/2011) unreported.
  • Waffo Mapah Diane v Waffo Michel (Jugement No. 101c/2012) unreported.
  • Safack Tamono Plassode v Taieuisson Bernard (Jugement No. 112c/2007) unreported.