How to File for Divorce in Cameroon: Step-by-Step Guide
Divorce can be a difficult and stressful process, especially when you are not sure where to start. That’s why we’ve created this step-by-step guide on how to file for divorce in Cameroon. Whether you are considering divorce or already in the process of separating, this guide will walk you through the necessary steps, including where to file a divorce in Cameroon and how to go about doing it. Read on to learn more about filing for divorce in Cameroon and make the process as smooth and easy as possible.
The Basics of Filing for Divorce in Cameroon
Once you have decided to get a divorce, you will need to hire either a family lawyer or a lawyer to accompany you through this process. Your lawyer is to file a petition for divorce before the High Court or customary court in which;
It will state the grounds or reasons for divorce. State the number of issues from the marriage and their ages. The petition must state the regime of marriage whether monogamous or polygamous attaching the relevant certificate. The petition must equally state the properties they acquired together.
And any other facts proving that the marriage has broken down irretrievably.
How to start the divorce process in Cameroon
Let’s look at the grounds for divorce as stated in the Matrimonial Act of 1973, Grounds for Divorce in Cameroon.
1. That the respondent has willfully and persistently refused to consummate the marriage.
2. That since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.
3. That the respondent has deserted the petitioner for a continuous period of one year.
4. That since the Marriage the respondent has behaved in such a way that the petitioner can’t reasonably be expected to live with the respondent.
5. That the parties have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.
6. That the respondent has for a period not less than 1 year failed to comply with the decree of restitution of conjugal rights.
7. That the Respondent has been absent for a long time as to be presumed dead.
Couples should think meditatively before deciding to be divorced, cause divorce can be devastating for the children and even extended family members, loss of identity, custody battles are hell and children will be hurt in the course and more.
However, where a spouse’s life is threatened, violated, deserted and marriage has broken down irretrievably as discussed above. The broken spouse shouldn’t hesitate to file for a divorce because your family will prefer you alive than dead.
If you have decided to file a petition for a divorce do well to meet a family lawyer or lawyer for counseling and follow-up.
If you have decided to file a petition for a divorce do well to meet a family lawyer or lawyer for counseling and follow-up. This will ensure that you fully understand your rights and obligations under the law and that you take all necessary steps to protect your interests. Choosing the best divorce lawyer in Cameroon is also critical to your case. A good divorce lawyer will listen to your concerns, advise you on your legal options, and fight to protect your rights. When looking for the best divorce lawyer in Cameroon, you should look for someone with extensive experience in family law, excellent communication skills, and a good track record of success in divorce cases. With the right legal representation, you can ensure that your divorce proceedings are handled in a timely and efficient manner and that you achieve the best possible outcome for you and your family.
What you need to know about 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 following Section 1 of the Matrimonial Causes Act of 1973 which stipulates that ‘the court may pronounce a decree of dissolution of marriage because 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;
If one of the spouses has committed adultery in the marriage and the other spouse finds the act intolerable to continue in the marriage hence a divorce in Cameroon becomes the only option. The proof of adultery is usually based on circumstantial evidence as it is very remote for acts of adultery to be discovered by the other spouse. Since the marriage, one of the spouses has behaved in such a way that the other spouse cannot reasonably be expected to continue in the marriage. Hence a divorce in Cameroon becomes the only recourse. The behaviour must be serious enough to qualify under this ground. Desertion of one of the spouses for a continuous period of two years immediately preceding the presentation of the petition.That the spouses have lived apart for a continuous period of two years immediately before the petition and the other spouse consented to divorce in Cameroon.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.
The final steps in the divorce process in Cameroon
The family solicitor will engage in an interview with the intended petitioner, The family solicitor will engage in an attempt to reconcile the 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 the jurisdiction of the court to hear the divorce matter.
Upon the successful appraisal of the above aspects, the family solicitor is to request the following documents;
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- The marriage certificate,
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- birth certificate of the children
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- if anyone documents as proof of the existence of a property in the marriage,
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- certificate of residence
The family solicitor will produce the following documents to be filed before the competent High Court;
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- A divorce petition
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- A verifying affidavit on oath attesting to the facts contained in the petition.
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- A certificate of reconciliation attesting to the fact that the family solicitor has attempted to reconcile the parties which failed.
The documents will be served on the respondent within the prescribed timeframe established by law 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.
In a case where the parties to the divorce in Cameroon agree to the divorce procedure and have already laid down the modalities of their separation as regards custody of the children and the distribution of the family property, then the court will grant a CONSENT JUDGMENT to the divorce in Cameroon.
FREQUENTLY ASKED QUESTIONS ON DIVORCE IN CAMEROON
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- Can a spouse in a marriage deny the other spouse a divorce?
A spouse cannot deny the other spouse a divorce. If the spouse is served with the divorce documents and he or refuses to sign the papers, the matter will be treated as an undefended matrimonial cause.
If a spouse makes his or herself impossible to find through an address to be served with the divorce papers, will it frustrate the divorce process?
Such a spouse cannot frustrate a divorce process based on availability because the documents will be served through substituted means.
- What will be the situation if the spouses of divorce in Cameroon do not agree on the custody of the children and the family property?
It will be left to the court to decide what it deems best and equitable concerning the circumstances of the case.
- If a spouse sells the family property while the divorce matter is in court, will the sale be valid?
The sale will not be valid and the other spouse will still list that property sold in the divorce petition as well as apply to the court for an order restraining any sale from taking place pending the decision of the court. Such an order will be attached to the property as a public notice.
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- Can a criminal matter emanate from a divorce process?
Yes, if any of the spouses committed a crime towards the other under the Cameroon Penal Code, a criminal complaint can be lodged against the accused spouse.
N/B It is important to note that the welfare of the child in a marriage is paramount and must be determined before the court can pronounce divorce in Cameroon.
Article by CHUO ANGABUA JUNIOR
‘’The content of this article is intended to provide a general guide to the subject matter. We insist specialist advice be sought depending on your specific circumstance’’
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