The English Divorce, Dissolution and Separation Act 2020 (DDSA 2020) has been implemented in the North West and South West Regions of Cameroon. This law introduces a modern "no-fault" divorce framework, eliminating the requirement to prove marital fault, cruelty, or public accusation to end a statutory marriage. Championed by legal practitioners and judges, this reform aims to provide a dignified exit for couples. The law preserves the sole statutory ground for divorce - irretrievable breakdown of marriage - but abolishes the five mandatory fault-based facts.
For decades, statutory divorce law in Anglophone Cameroon was anchored in Section 11 of the Southern Cameroons High Court Law 1955 (SCHL 1955). This foundational reception statute applied the Common Law, Doctrines of Equity, and Statutes of General Application in force in England on January 1, 1900. Through judicial interpretation, Cameroonian courts imported the Matrimonial Causes Act 1973 (MCA 1973) of England to govern divorce. The MCA 1973 required a petitioner to prove one of five specific facts: adultery, unreasonable behaviour, desertion, separation with consent, or separation without consent.
The adoption of the DDSA 2020 updates the MCA 1973 within Anglophone jurisdictions. Under the new framework, a sole or joint Statement of Irretrievable Breakdown is sufficient to file for divorce. Courts accept this statement as conclusive evidence that the marriage has ended. The law prevents respondents from contesting a divorce simply on the claim that the marriage has not broken down. Challenges can now only be raised on narrow technical grounds, such as court jurisdiction, marital validity, or procedural fraud.
The new law modernizes legal terminology, replacing Decree Nisi with Conditional Order and Decree Absolute with Final Order. A mandatory minimum timeframe of 26 weeks from initial application to final decree is established, including a built-in 20-week reflection period for mediation, arrangements for children, and financial settlements. This period aims to prevent parties from rushing into dissolution.
According to Nfor Dieudonne Nkeh, a prominent legal expert, the local enforcement of DDSA 2020 began unofficially in the Fako High Court in Buea in early 2024. A judge accepted a sole divorce application, marking the beginning of the no-fault divorce law implementation in Cameroon. The law is expected to bring significant changes to the judicial landscape of Anglophone Cameroon.
The introduction of the no-fault divorce law in Anglophone Cameroon highlights the differences in family law systems within the country. The eight Francophone regions operate under the 1804 French Civil Code, which employs a more inquisitorial procedure and provides explicit avenues for mutual consent divorce. This contrast sustains a major legal anomaly since reunification: two distinct family law systems coexisting within the same country.
The implementation of the DDSA 2020 in Anglophone Cameroon offers a more dignified and peaceful way for couples to part ways. The no-fault divorce law eliminates the need for public accusations and adversarial conflict, providing a more modern and humane approach to divorce. As the law takes effect, it is expected to have a significant impact on the lives of couples in Anglophone Cameroon.
Key points
- The no-fault divorce law eliminates the requirement to prove marital fault, cruelty, or public accusation to end a statutory marriage.
- A mandatory 20-week reflection period is established for mediation, arrangements for children, and financial settlements.
- The law preserves the sole statutory ground for divorce - irretrievable breakdown of marriage - but abolishes the five mandatory fault-based facts.
