Getting a divorce in Obtaining a divorce in Cameroon, as in any part of the globe, can be a complex process. To gain insight into how to get a divorce
Obtaining a divorce in Cameroon, as in any part of the globe, can be a complex process. To gain insight into how to get a divorce in Cameroon, let us first establish what divorce entails.
What is a Divorce?
The word divorce means different things under different circumstances and different contexts. But concerning marriage, divorce refers to the legal dissolution or termination of a marriage by a court or any other competent structure.
How to Get A Divorce in Cameroon
For perspective, it is worth noting that in Cameroon, divorce laws are guided by the civil code.
In practice, though, divorce and other family law disputes are often decided using ‘customary laws’ in conjunction with the Civil Code.
When Can One 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
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.
What Happens 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.
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What Happens 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.
What Happens 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.
Final Words
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.
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