A new law has come into effect in the English-speaking regions of Cameroon, allowing couples to divorce without having to assign blame. The law, known as the No-Fault Divorce Law, was first introduced in England in 2020 and has been adopted in the North West and South West Regions of Cameroon. This law is a significant change to the previous divorce laws, which required couples to prove adultery, unreasonable behavior, or other grounds for divorce.
The No-Fault Divorce Law, officially known as the English Divorce, Dissolution and Separation Act 2020 (DDSA 2020), allows couples to file for divorce by simply stating that their marriage has irretrievably broken down. This statement is taken as conclusive evidence by the court, and the divorce can be finalized without the need for further proof. The law also allows for joint applications for divorce and limits the grounds on which the respondent can contest the divorce.
The introduction of the No-Fault Divorce Law in Cameroon is a result of the country's colonial history and its reception of English law. Section 11 of the Southern Cameroons High Court Law 1955 (SCHL 1955) states that English law applies in the English-speaking regions, and when England amended its divorce laws in 2020, the changes were automatically incorporated into Cameroonian law. However, the law is not yet uniformly applied across all jurisdictions in the North West and South West Regions.
Several high courts in the English-speaking regions have started enforcing the No-Fault Divorce Law, including the Fako High Court in Buea, which was the first to do so in early 2024. The Kumba and Mamfe High Courts have also started accepting applications under the new law, while the Bamenda High Court remains more conservative in its approach. However, there is no Supreme Court decision yet to confirm the enforcement of the DDSA 2020.
The No-Fault Divorce Law has some limitations in its application in Cameroon. For instance, the law does not apply to same-sex marriages or civil partnerships, and property, custody, and maintenance are still governed by the previous laws. Additionally, the one-year bar on filing for divorce within a year of marriage remains in place. Despite these limitations, the new law is expected to provide a more dignified exit for couples in unhappy marriages.
The introduction of the No-Fault Divorce Law is expected to lead to a slight increase in divorce filings in the short term, as couples who were previously hesitant to file for divorce due to the need to assign blame may now do so. However, in the long term, the law is expected to stabilize marriages in English-speaking Cameroon, as couples will have a more dignified and less confrontational way of ending their marriages.
The law has already been successfully implemented in other countries, such as Australia, which adopted no-fault divorce in 1975. Evidence from the United Kingdom and Australia shows that divorce rates level off after two to three years, suggesting that the law does not create unhappy marriages but rather provides a dignified exit for already broken ones.
Key points
- The No-Fault Divorce Law allows couples to divorce without assigning blame.
- The law is a result of Cameroon's reception of English law.
- The law is expected to lead to a slight increase in divorce filings in the short term.
