Divorce procedure in Cameroon
The choice made at the marriage ceremony, monogamous or polygamous, governs its property and inheritance consequences and is difficult to change afterward. It usually decides more than the grounds for divorce.
Divorce in Cameroon is decided by the court of the place where the couple lives, applying the regime under which they married. Two couples separating in the same city can be subject to materially different rules.
The choice made at the marriage
Cameroonian law allows a marriage to be celebrated as monogamous or as polygamous. The choice is recorded on the marriage certificate. It governs the property and inheritance consequences of the union for as long as it lasts, and it is difficult to change afterward. In most contested divorces it matters more than the grounds for divorce, because it determines what is divided and among whom.
Anyone unsure which option was chosen should obtain a certified copy of the marriage certificate before taking any other step. It is the first document an attorney will ask for.
Which court
Divorce is heard by the court of first instance or the High Court, depending on the region and the value at stake, and the two legal traditions of the country are applied in their respective regions. Precedent binds in the Anglophone courts. A litigant is entitled under the 2019 Law on the Promotion of Official Languages to be served, and to receive judgment, in French or in English.
What the court decides
- The dissolution itself, on the grounds alleged, or by consent where both spouses agree
- Custody of the children, and visitation arrangements
- Child support, and where appropriate spousal support
- The marital property, and its division
- The family home, and who stays in it
Documents to assemble
- Certified copy of the marriage certificate
- Birth certificates of the children
- Land certificates and title documents for any property owned
- Bank statements and evidence of income for both spouses
- Company documents where either spouse holds shares
Foreign marriages and foreign divorces
A marriage celebrated abroad may be dissolved in Cameroon where the court has jurisdiction over the parties. A divorce pronounced abroad requires recognition before it takes effect here, particularly where it affects land, succession or the civil status register. The same applies to custody orders made by a foreign court.
Divorce proceedings are frequently the point at which land held without a registered title, company shares whose ownership was never documented, and children whose parentage was never formally established all surface at once. Where any of these is present, it is worth addressing before the petition is filed rather than during the hearing.
Related practice areas
Speak with an attorney
Enonchong Chambers meets with clients at its offices at 305 rue Alfred Saker in Akwa, Douala, and by video call. Correspondence in English or French is answered in the language it was written in.