“The contemplation by couples in a Divorce process to protect the image of the family vis a vis personal integrity and prevention of child trauma has raised the need for a competent divorce Attorney”
The law on family and marriage in Cameroon has become widely and frequently used in the respective competent courts in Cameroon because of the plethora of matrimonial causes which is on the rise. While older marriages in Cameroon are the proof of the test of time and endurance between couples, younger marriages are falling apart by the day with courts entertaining hundreds of matrimonial causes in a year.
The family and marriage law in Cameroon is regulated by some laws peculiar to the English or French speaking regions of Cameroon, some universal laws and not forgetting the role of customs and tradition for customary marriages.
REGULATORY FRAMEWORK OF MATRIMONIAL CAUSES IN CAMEROON
- COMMON LAW JURISDICTION
- The Southern Cameroon High Court Laws of 1955,
- The Matrimonial Causes Act 1973
- The Married Women’s Property Act 1882
- The Civil Status Registration Ordinance 1981 etc
- CIVIL LAW JURISDICTION
- The Civil Code,
- Law No. 2011/027 of 14 December 2011 on Judicial Organisation in Cameroon
- The Civil Status Registration Ordinance 1981
TYPES OF MATRIMONIAL CAUSES IN CAMEROON
- Divorce: Procedure to legally end a marriage in Cameroon.
- Judicial Separation: A legal separation that permits spouses to live apart without the legal obligation of marriage, but without ending the marriage itself.
- Nullity of Marriage: A legal action to declare a marriage void from the beginning due to factors like fraud.
- Restitution of Conjugal Rights: A legal action to compel a spouse to live with the other.
- Jactitation of Marriage: A procedure to prevent someone from claiming to be married to another person.
- Presumption of Death: A procedure to declare a marriage dissolved by virtue of a spouse missing for a significant period of time.
RELATED PROCEEDING TO MATRIMONIAL CAUSES
- Child-related issues: These are cases linked to custody, guardianship and maintenance of the child to the marriage.
- Property and financial matters: Procedure concerning financial settlements, division of property and maintenance.
- Damages for Adultery: Lawsuit to claim damages against a person who committed adultery with a spouse.