CHAPTER ONE

GENERAL INTRODUCTION

1.1 BACKGROUND OF THE STUDY 

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union . Divorce usually entails the cancelling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state.

“Divorce” comes from the Latin word “diorite” which means separation. It is also equivalent to the word “divort” or “divortere.” “Di” means apart and “vertere” means to turn to different ways. Divertere was also referred the meaning of divert, turn aside, separate or leave one’s husband. In today’s modern society, divorce is only recognized if legal and supported by law. The oldest codified law in the history of divorce was traced in 1760 B.C. during the reign of King Hammurabi of Babylon. It is believed that the King carved 282 laws in stone tablets including the law on divorce.

During that period, a man could divorce his wife by simply saying, “You are not my wife,” which was followed by payment of a fine and returning the wife’s dowry. However, if it was the wife who wanted divorce, she was required to file a complaint to obtain a divorce. Divorce was first applied in the following countries: France in 1762, but made it illegal in 1816; Germany in 1875; Ireland in 1997; Italy in 1974 and Spain in 1981. In the US, the history of divorce started in the state of Maryland. Maryland declared divorce legal in 1701 and South Carolina in 1949 to 1950, while the state of California legalized the “nofault” divorce in 1970.

In Pennsylvania, divorce records have been kept since 1804 at Prothonotary’s Office in the county where the divorce was granted; however, divorce has been traced in Pennsylvania as early as 1682. Divorce was very controversial in the Christian community during the Roman Empire. After Christianity became the official religion of the Romans in 380 A.D., divorce was strongly opposed by the church. During that time, nob20husbandlemen found refuge with annulments, a declaration from church officials dissolving the marriage for some valid reasons and technicalities.

However, the annulment was only for noblemen and those with political connections; not for commoners.  According to biblical law, a man is permitted to divorce his wife at will and send her away from his home. The second aspect highlights biblical women’s vulnerability: economic, physical, and psychological uprooting faced the woman who displeased her husband sufficiently to cause him to divorce her. She had no leverage to prevent or refuse the divorce.

Neither could she divorce him.  When a man takes a wife and marries her, if she finds no favor in his eyes because of ervat davar (some fault or indecency) and he writes her a bill of divorce and puts it in her hand and sends her out of his house–and she marries another man, and the latter writes her a bill of divorce… or dies–then her former husband cannot marry her again because she has been defiled…  (Deuteronomy 24:1-4)

1.2 Statement Of Problem

Unlike other areas where legislative reform has taken place, the Cameroonian Parliament has never legislated on divorce. Consequently, 57 years since Cameroon gained independence, the applicable laws in divorce matters are still those derived from the colonial era as well as customary law. Many of the rules on divorce are archaic and discriminatory.

Moreover, the current multiple systems of courts in divorce matters often generate conflicts of jurisdiction. As a result of legal pluralism in Cameroon, the law of divorce is complex, inconsistent, conflicting, overlapping and detrimental to the rights and freedom of individuals who are bound by discriminatory customary rules. It is based on the foregoing that the researcher has embarked on this research to propose policy recommendations to address the issues raised.

1.3 General Research Question

The general question is, how effective are the laws of divorce in French and southern Cameroon?

1.3.1 Specific Research Questions

1. What is divorce and what factors can account for it?
2. What is the law regulating divorce proceedings in southern Cameroon?
3. How effective are the law and institutions regulating divorce in southern Cameroon?
4. What are the various challenges encountered in granting divorce in southern Cameroon?
5. What policy recommendations can be made to address the issue?

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