1.5 Research Methodology

This work was carried out mainly using doctrinal approach. This research project used the qualitative method. This method is suitable for this research reason being that, it analyses the problem and does not make use of statistical data. The sources of data used here are both primary and secondary data. Primary data is obtained from the Matrimonial Causes Act and Case Law. Secondary data is obtained from journals, articles, textbooks, reports and websites.

1.6 Scope of the study

This essay is based on the dissolution of statutory marriage in  Cameroon, the  Problems involved and prospects. And geographically, this work is limited to the dissolution of statutory marriage specifically in Cameroon. And regarding the time limit, it ranges from when the Matrimonial Causes Act was created [1973] till now [2021].

 1.7 Justification for the study

The complexity of modern Life have introduced into the society so many phenomena, one of which is the issue of the breakdown or the dissolution of statutory marriage relationship. In recent years, breakdown of marriage has been on the increase and this affects many families and the society as a whole. It also leads to many problems such as financial, psychological problems, lack of proper maintenance, problems relating to settlement of property and also custody of children.

It is against this backdrop that this research seeks to examine this phenomena in a bit to propose recommendations that will help the study.

1.8 Significance of the study

An in- depth examination of the dissolution of statutory marriage and its attendant problems will yield positive insights as to how parties to the divorce can reduce its deleterious impact on them and their progeny. It would also throw more light on the Judicial process involved, pinpoints inadequacies and provide recommendations. Thus, it would be significant to newly married, divorcees, the court and the society at large.

1.9 Limitation of the study

In Cameroon, valid marriages can be contracted, celebrated and dissolved by different laws, statutory marriage, customary and Islamic marriage all operate side by side lending credence to our socio cultural diversity, the plurality of our laws and the flexibility of our legal system. However, this work will confine itself to the dissolution of only statutory marriage. It will consider the incidents and formalities of marriage under this Act[1], grounds and procedure for dissolution, the problems which arise in consequence of dissolution and how these problems can be effectively tackled.

1.10 Definition of terms

Certain terms will be used consistently in this study, it will thus be wise to explain these terms in context of this work to rid them off any ambiguity alternative interpretation might cause.

1.10.1 Marriage: According to the Black’s Law Dictionary[2], marriage is defined as “The legal union of a couple as husband and wife”. Marriage as distinguished from the agreement to marry and the act of becoming married, is the legal status, condition or relation of one man with one or more women united for life, until divorced for the discharge of each other and the community of the legal duties.

1.10.2 Statutory marriage: The classic definition of a statutory marriage is that given by Lord Penzance in Hyde v Hyde[3] as the” voluntary union for life between one man and one woman to the exclusion of all others”

1.10.3 Dissolution: The act of bringing to an end, termination, cancellation or abrogation of a contract with the effect of annulling the contract’s binding force and restoring the parties to their original positions.

1.10.4 Problem: A situation, person or thing that needs attention and needs to be dealt with or solved.

1.10.5 Prospect: Anticipated or expected to likely come about.

1.11 Synopsis of the study

This work is structured into five chapters;

Chapter one introduces the concept of marriage amidst the presence of dissolution under the law.

Chapter two discusses the various grounds for dissolution of statutory marriage. Bars to the granting of dissolution by the court would also be considered.

Chapter three discusses the procedures for filing for a dissolution of statutory marriage.

Chapter four is concerned with the attendant family problems issuing in consequence of the dissolution decree and the prospects.

Chapter five concludes this study with valuable recommendations.