CONCEPT OF FINANCIAL RELIEF FOR PARTIES TO A MARRIAGE IN DIVORCE PROCEEDINGS IN CAMEROON

Financial relief proceedings are that part of the process which resolves any financial issues between the parties to the marriage. Such disputes are usually very protracted if the parties in the proceedings have not had any agreement between themselves.

The financial provision orders for the purposes of the Matrimonial Causes Act 1973 are as follows;

  • Orders for periodical payments,
  • Orders for lump sum payment,

These orders are subject to the provisions of section 23 of the Matrimonial Causes Act 1973 which for the purpose of adjusting the financial position of the parties to a marriage and any children of the family in connection with proceedings for divorce, nullity of marriage or judicial separation and under section 27(6) of the Matrimonial Cause Act 1973 on proof of neglect by one party to a marriage to provide, or to make a proper contribution towards reasonable maintenance for the other or a child of the family, that is to say;

  1. Any order for periodical payments in favour of a party to a marriage under section 23(1)(a) or 27(6)(a) or in favour of a child of the family under section 23(1)(d), (2) or (4) or 27(6)(d) of the Matrimonial Causes Act 1973,
  2. Any order for secured periodical payments in favour of a party to a marriage under section 23(1)(b) or 27(6)(b) or in favour of a child of the family under section 23(1)(e), (2) or (4) or 27(6)(e) of the Matrimonial Causes Act 1973,
  3. Any order for lump sum provision in favour of a party to a marriage under section 23(1)(c) or 27(6)(c) or in favour of a child of the family under section 23(1)(f), (2) or (4) or 27(6)(f),

And references to the Act to periodical payment orders, secured periodical payment orders, and orders for the payment of a lump sum are references to all or some of the financial provision orders requiring the sort of financial provision in question according to the context of each reference may require.

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