Marriage has been defined as « a contract between a man and a woman by which they mutually promise to marry one another, the promise of one, being consideration for the promise of the other. Marriage is also understood as the voluntary union for life of one man, one woman to the exclusion of all others.
There are 2 ways by which marriage is brought to the end or is terminated: by the death of one of the spouses or by a matrimonial relief which is a legally pronounced decree of divorce.
Divorce in the English-speaking regions of Cameroon is governed by the Matrimonial Causes Act 1973 which is read alongside section 18 of law No. 2006/015 of 29th December 2006 as amended by Law No. 2011/027 of 14 December 2011 on the Judicial Organization in Cameroon and family procedure Rules 2010. The Matrimonial Causes Act 1973 makes it mandatory for the parties to have been married for a period of at least one year before they can bring an action for divorce. ln addition, there must be proof of irretrievable breakdown of marriage. The Matrimonial Causes Act 1973 has laid down 5 pointers which a petitioner can rely on to prove that a marriage has broken down irretrievably.
GROUNDS FOR A DIVORCE IN CAMEROON
The basis of courts in Cameroon to assume Jurisdiction for a divorce process is either the domicile which is determined by the matrimonial home of the spouse or residence of one of the spouses or the place of celebration of the marriage.
As earlier mentioned, the court may pronounce a decree of dissolution of marriage in accordance with Section 1 of the Matrimonial Causes Act of 1973 which stipulates that ‘the court may pronounce a decree of dissolution of marriage on the grounds that the marriage has broken down irretrievably. For the marriage to have broken down irretrievably, Section 1 (2) of the same law has obligated the petitioner to prove one or more of the following facts;
Upon the satisfaction of Section 1(1) and (2) of the Matrimonial Cause Act of 1973 alongside the other supplementary laws, the following issues must be ascertained by the family Lawyer;
PROCEDURE FOR A DIVORCE
The family solicitor will engage in an interview with the intended petitioner,
EFFECTS OF DIVORCE
A decree of divorce has the effect of relieving both parties of their matrimonial obligations. The High Court is empowered to make some ancillary reliefs after a divorce has been determined.
ALIMONY: Upon granting a decree of divorce, nullity or Judicial separation, the Court may order either party to the marriage to make to the other such periodical payments for such term as may be specified in the order. Lt may also order either party to make a lumpsum payment to the other as specified. The Court may also make maintenance orders for the upkeep of the children or the marriage.
PROPERTY ADJUSTMENT: ln the exercise of the Court’s powers on property adjustment, the Court will have regard to the form/ante nuptial settlement and the Matrimonial relief. Whether it is monogamy or polygamy, joint or separate property. Where the parties opted for separate property, the Court will have no need to make any orders relating to property adjustment. But in the event of joint property, the Court will be bound to make orders with regard to property acquired in the course of the marriage such as landed property, matrimonial home and even movables.
CUSTODY: After a decree of divorce has been granted, the Court is obliged to make custody orders in respect of children of the marriage who are under the age of 18. When a Court has to make a custody order, the welfare of the child is of paramount consideration.
