Getting a divorce in Cameroon is not as easy as getting married. One cannot just wake up and ask the court for a divorce without such reason falling under the grounds stipulated by the Matrimonial Act of 1973, which provides the framework for divorce processes in Cameroon.
A decree of dissolution of marriage shall not be made if the petitioner, in bringing or prosecuting the proceedings, has been guilty of collusion with intent to cause a perversion of justice. Even when both husband and wife mutually agree to get a divorce for whatever reason, a decree of dissolution of marriage may still not be granted if there is evidence of collusion between them.
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Court Stance
The Cameroonian Court regards divorce as a delicate affair; it also supports the institution by giving consideration, from time to time, to the possibility of a reconciliation of the parties to the marriage (unless the proceedings are of such a nature that it would not be appropriate to do so).
If the final decision is the option of a divorce, there are some prerequisites one must follow that will be discussed hereunder.
Suggested: Salaries of Lawyers in Cameroon.
How to Get a Divorce in Cameroon? (Procedure)
Once you have decided to get a divorce, you will need to do the following:
- Hire a family lawyer to accompany you through this lengthy process. The lawyer’s role is to file a petition for divorce before the customary or High Court or customary court.
- The lawyer must state the reasons or grounds for divorce.
- State the number of issues from the marriage and their various ages.
- The petition must state the regime of marriage, whether monogamous or polygamous. The relevant marriage certificate should be presented.
- The petition must state the properties they acquired together and any other facts proving that the marriage has broken down irretrievably.
- The court shall then study the documents and, in its discretion, grant an order nisi; this will be made absolute in six months.
- Once the order nisi is made absolute, the divorce or marriage ends.
Consulting a Lawyer
After deciding to get a divorce, the first thing to do is consult and brief a divorce lawyer about the divorce.
A lawyer will help determine the facts that constitute the ground for the divorce from the reasons given by the person seeking a divorce.
From your discussion with the lawyer, it is discovered that you have more than one fact that constitutes a ground for divorce; your lawyer would advise you regarding the fact that has the most substantial evidence with proof.
Cost of Getting a Divorce in Cameroon
When getting a divorce in Cameroon, there are two fees: The court Fee and the Professional legal fees. Under Cameroonian law or Penal Code, you cannot sign an agreement for divorce to get a divorce.
For the divorce to be legal, it would have to be granted by a court via a court judgment.
To file in for a divorce, specific statutory fees like the filing fee, etc., must be paid. It might vary from one high court to another, but this fee is mandatory.
Divorce fees vary in Cameroon. Divorce fees range from 100,000 FCFA to 500,000 FCFA, or more depending on many factors.
Custody of Children
In considering the custody of children in a broken marriage, efforts must be made to ensure that such children are not denied the care, love and affection of either parent.
Where one of the parents deliberately placed obstacles towards attaining such parental love and affection, he will be violating the child’s right under the Child Rights Act.
The welfare of children of a marriage that has broken down ultimately is not only of paramount consideration but a condition precedent for the award of custody. This invariably means that custody of children is never awarded as a reward for good conduct, nor is it denied as punishment for the guilty party’s matrimonial offences.
When the children are of tender age, there is no assurance that custody of children will be granted to the mother.
Procedure to Get a Divorce in Cameroon
In practice, though, divorce and other family law disputes are often decided using ‘customary laws’ in conjunction with the Civil Code.
When to File for a Divorce?
Divorce proceedings may be requested by either a husband or wife in the event of the following:
- There is mutual consent.
- One spouse deserts the other for a minimum period of two years, leading to the initiation of the divorce.
- One Spouse has wilfully and persistently refused to fulfill their marital duties.
- One spouse has committed adultery, and the other finds it impossible to continue living with the unfaithful spouse.
- The couple has lived apart for a continuous period of at least five years, leading to the initiation of the application for divorce.
- Since the marriage started, one spouse has behaved in such a way that the other spouse can’t reasonably be expected to continue living with them.
- One spouse has been absent for too long and can be reasonably presumed dead.
Steps in Getting a Divorce in Cameroon
If you are considering divorce in Cameroon, here are some essential steps you should take.
1. Solicit the Services of a Divorce Lawyer
The first and most important step when filing for divorce is to seek the services of a family law practitioner who will examine your reasons for divorce and advise accordingly. After paying the legal fees, ensure that the lawyer comes up with a divorce petition that will be served to the other spouse and also to the courts for examination and appropriate legal procedure. The petition must contain, but is not limited to, the following:
- State the regime of the marriage, whether monogamy or polygamy, backed by a marriage certificate.
- State the reasons for divorce with all necessary evidence.
- State the names, gender, ages, and any necessary documentation of all children from the marriage.
- State the properties and assets acquired together.
2. When this is done, the next phase will be to serve a copy of the petition to the concerned for examination and consent.
If the other spouse agrees, the recommended path is the consent approach, where both parties will agree on how settlements should be done. If this is not possible, the court will arbitrate.
3. The next phase is to serve the court with this petition after paying the mandatory amount to state coffers for the divorce procedure.
The amount may vary from one case to another depending on several factors, including the length and complexity of the case.
The court shall study the documents and rule accordingly. At this stage, only the judge can grant or deny divorce through a court judgment.
This court judgment might first be delivered as an order nisi which will become an order absolute after six months. After the order absolute, a certificate of divorce is issued with a detailed court judgment, and the marriage has legally come to an end.
If the Other Party Denies the Divorce
No spouse can deny the other the right to a divorce if there is sufficient proof that the marriage has broken down and is irredeemable following the abovementioned guidelines.
In this case, the court will rule in favor of the spouse who requested the divorce, and the divorce will be granted.
if the Whereabouts of One Spouse is Unknown
If a spouse’s whereabouts are unknown, the divorce can still proceed in line with the elementary civil procedure, and the judgment arrived at in line with the particular matrimonial procedure will be valid.
if the Couple Has Children?
When a divorce procedure is being handled, great consideration is given to the welfare of the children. However, granting custody to one spouse or both does not depend on the matrimonial offenses committed by a spouse.
Instead, efforts are being made to ensure that the children are not deprived of the fundamental right of having a relationship with either parent, including their love, care, and affection.
If one of the parents poses any action(s) that denies the children, parental love, it will be treated as a violation of the Child Rights Act.
Conclusion
Divorce in Cameroon remains the only recognized legal way of bringing a lawfully contracted marriage to an end.
Again, individuals are advised to think critically and in detail before embarking on a divorce; this is because a divorce can cause devastating effects to those involved, including the two spouses and their offspring, as well cause psychological, developmental, and sociological challenges to the family, friends, and community.
However, if you have decided to proceed with a divorce, the guidelines above will help you through the steps you need to take to get a valid and legal divorce.
