The Future Law of Divorce in Cameroon: should Divorce be based only on restrictive (fault-based) Grounds?

Abstract

The present law of divorce in Cameroon is a hotchpotch of customs and different colonial influences, all brought together since independence. Some of the rules are stagnant while others change as the rules in the foreign country of origin vary. Some are modern while others are archaic and discriminatory. This diversity makes the law of divorce in Cameroon extremely complex, leading to unfairness in its application. The present situation calls for reform. There is conflict between restrictive grounds for divorce which are based on a matrimonial fault committed by the defendant and liberal grounds which allow divorce in the absence of any fault by the parties. Which of these rules (restrictive or liberal) should form the basis of divorce reform in Cameroon? I argue that for constitutional and social reasons, these conflicting rules are both important and effect should be given to both. I have therefore suggested reform which is geared towards both. However, three fundamental objectives run through this article: to support the institution of marriage up to the point that it has irretrievably broken down, to minimise the distress and bitterness in divorce and to eliminate discriminatory practices.