DEFINITION OF KEY TERMS

• FAMILY

   A family is a basic social unit. It may be a nuclear family also known as elementary family or it may be an extended family. A nuclear or elementary family typically centers on a married couples and their children or even a single parent and his child. An extended family is one whose members extend beyond the nuclear family to include grandparents, aunts, cousin, half-brother and sisters. Under law 207, we deal essentially with the nuclear family.  

• FAMILY LAW

On its part, Family law refers to the law that regulate the relationship between or among the members of a family. The law applicable to family relationship derives from sources.

• DIVORCE

The Cameroonian system of divorce is a system of legal dissolution of marriage through a judicial decision based on a determined ground. Divorce is considered in this system as a sanction against spouses who do not respect the marriage as an instrument.

                                                   GENERAL INTRODUCTION

Divorce is a profound and intricate legal and societal issue that affect countless individuals and families worldwide, Within the context of Cameroonian family law, divorce holds particular significance, as it intersects with the diverse cultural, social, and legal dynamics of the country. This introduction aims to provide an overview of divorce in Cameroon family law, highlighting its legal framework, cultural influence, and the complexities surrounding this delicate matter.

Divorce, defined as the legal dissolution of a marriage, is an event that marks the end of a marital union and the termination of the legal responsibilities and obligation between spouses. In Cameroon, divorce is governed by a unique amalgamation of civil law and customary practice, reflecting the country’s rich cultural heritage and its legal systems hybrid nature. Understanding divorce within the Cameroonian context require a comprehensive examination of the legal provisions, cultural norms, and societal attitudes that shape the divorce process.

Cameroonian family law forms the foundation upon which divorce proceedings are conducted. The legal framework consists of statutes, codes, and regulation that outline the rights, duties, and obligation of spouses during marriage and divorce. The central legislation governing divorce is the Cameroonian civil code, which provides the legal grounds and procedures of divorce. It recognizes several grounds for divorce, including adultery, cruelty. Abandonment, and the irretrievable breakdown of the marriage.

In addition to civil law, customary practice, which vary among the diverse ethnic groups in Cameroon, continue to influence divorce proceedings, particularly in rural areas. These customary practice may grant divorce based on traditional custom and norms, often involving the payment of dowry or the intervention of community leaders.

Divorce in Cameroon cannot be understood solely through the lens of legal provisions; it is essential to consider the socio-cultural factors that shape marital relationships and contribute to divorce rates. Cameroon is a culturally diverse country comprising numerous ethnic groups, each with its distinct tradition, customs and beliefs regarding marriage and divorce. Factors such as changing gender roles, urbanization, economic pressures and exposure to western influence have all influenced the dynamics of marital relationships in Cameroon.

The evolving roles of men and women within Cameroon society have had a profound impact on marriage and divorce patterns. As women increasingly seek education, employment opportunities, and independence, traditional gender roles and expectation have shifted. This transformation has led to changes in marital dynamics, including altered power dynamics within relationship and increased expectation or gender equality. These shifts, while empowering for women, have also introduced new challenges and stressors within marriages, potentially contributing to an increased likelihood of divorce.

Furthermore, urbanization and economic pressure have had a significant impact on marriage and divorce rates in Cameroon. urban centers, characterized by rapid industrialization and migration, often present individuals with increased economic opportunities but also create strains on marital relationships. The demands of urban living, including long working hours, financial pressure, and competing priorities, can place immense stress on marriages, sometimes leading to irreconcilable differences and the eventual breakdown of the union.

The Cameroonian system of divorce is a system of legal dissolution of marriage through a judicial decision based on a determined ground. Divorce is considered in this system as a sanction against spouses who do not respect the marriage as an institution.

To what extent do the causes of divorce under the Cameroonian family law system contribute to the subsequent effect on spouse and individuals and how can the legal framework address these causes and mitigate the negative consequence?

For the proper presentation of my dissertation, we are going to adopt two articulations. The first articulation is going to focus on the breakdown of marital bond (divorce)  (Part I) and the second articulation is going to look at the effect of  divorce (part II).