Under Civil Law Jurisdiction in Cameroon, getting a divorce requires undergoing certain procedures. This article details the steps involved in obtaining a divorce in Cameroon under civil law jurisdiction.
Divorce is the dissolution of the marriage validly concluded between two people. The husband or the wife can request a divorce in the event of adultery or condemnation to an afflictive and infamous sentence of one or the other. Another cause of divorce manifests itself in the event of excess, abuse, or insults from one to the other, when these facts constitute a severe or renewed violation of the duties and obligations resulting from the marriage, making the maintenance of the bond intolerable. Marital.
The spouse who wants to divorce must initiate legal proceedings, starting by drafting a petition for divorce to the competent court.
The seized judge first attempt conciliation in the judge’s chamber and, in the event of failure, orders provisional measures. Then he assesses the reality and seriousness of the facts invoked. He can either refuse to pronounce the divorce if he judges them that the reasons are insufficient, or he pronounces the divorce as the only fault of one of the spouses or the shared faults of the two spouses. The judgment rendered produces effects that should be noted.
THE EFFECTS OF DIVORCE IN CAMEROON
Several effects exist, namely, those relating to spouses and children. Concerning the consequences relating to the spouses, there are personal effects and material effects.
Regarding personal effects, divorce ends all personal duties arising from the marriage.
In addition, they are under no obligation to each other and also all the benefits made by one to the other.
In addition, each of the spouses resumes the use of his name. However, the law provides for an exception to this rule. It allows the woman to keep her husband’s name with the husband’s agreement or if the woman justifies a particular interest for herself or her children. This judicial authorization is generally granted to the wife who has made herself known professionally under the identity of her husband or to the mother whose minor children reside with her.
Moreover, the woman can remarry when the husband is alive or even when the husband dies before the decision is rendered, or even in the event of legal separation converted into a judgment of divorce, subject to respecting the expiry of the time limits of three hundred days since the divorce order occurred. Alimony is awarded to the spouse who obtains the divorce and damages for material and moral damage.
Concerning the material effects, the matrimonial regime of the spouses ceases to be applicable and must be liquidated.
Concerning the effects relating to the children, they are entrusted to the spouse who obtained the divorce unless the court, at the request of the family or the public prosecutor and given the information collected according to article 238 paragraph 3, does not order, for the more significant benefit of the children, that all or some of them will be entrusted to the care either of the other spouse or of a third person.
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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