One of the preconditions for a petition for divorce to be accepted by the courts in Cameroon is to show proof that the family solicitor must have made an attempt to reconcile the parties to the marriage which is on the verge of a collapse. This is so because the interest of the courts in Cameroon is not to destroy marriages but rather save same.
Irrespective of the conditions under which a marriage in Cameroon must have been proven to break down irretrievably in accordance with section 1(2) of the Matrimonial Causes Act 1973 to wit;
- That one of the spouses has committed adultery in the marriage and the other spouse finds the act intolerable to continue in the marriage hence a divorce in Cameroon becomes the only option. The proof of adultery is usually based on circumstantial evidence as it is very remote for acts of adultery to be discovered by the other spouse.
- That since the marriage, one of the spouses have behaved in such a way that the other spouse cannot reasonably be expected to continue in the marriage. Hence a divorce in Cameroon becomes the only recourse. The behavior must be serious enough to qualify under this ground.
- Desertion of one of the spouses for a continuous period of two years immediately preceding the presentation of the petition.
- That the spouses have lived apart for a continuous period of two years immediately before the petition and the other spouse consent for a divorce in Cameroon.
- That the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.
The courts in all goodwill and good faith still emphasize that the family solicitor explore the slightest opportunity to which the marriage in Cameroon can be saved. Hence emphasizing on the procedure of attempt at reconciliation of parties to a marriage in Cameroon to be a precondition in line with section 6 of the Matrimonial Causes Act 1973.
As per the above mentioned provision, it is stipulated that provision shall be made by rules of court requiring the solicitor acting for a petitioner for divorce to certify whether he has discussed with the petitioner the possibility of a reconciliation and given him the names and addresses of persons qualified to help effect a reconciliation between parties to a marriage who have become estranged.
If at any stage of the proceedings for divorce it appears to the court that there is a reasonable possibility of a reconciliation between the parties to the marriage, the court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such reconciliation. This power is additional to any other power of the court to adjourn proceedings.