A judicial separation in Cameroon is a legal process by which a married couple is formally separated, despite being legally married. The separation is granted in the form of a court order.
In line with section 17 of the Matrimonial Causes Act 1973, a petition for judicial separation may be presented to the court by either party to a marriage on the ground that any such facts as mentioned in section 1(2) of the Matrimonial Causes Act 1973 exists to wit;
- The
- A judicial separation in Cameroon is a legal process by which a married couple is formally separated, despite being legally married. The separation is granted in the form of a court order.
- In line with section 17 of the Matrimonial Causes Act 1973, a petition for judicial separation may be presented to the court by either party to a marriage on the ground that any such facts as mentioned in section 1(2) of the Matrimonial Causes Act 1973 exists to wit;
- i. 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.
- ii. That since the marriage, one of the spouses ha
- A judicial separation in Cameroon is a legal process by which a married couple is formally separated, despite being legally married. The separation is granted in the form of a court order.
- In line with section 17 of the Matrimonial Causes Act 1973, a petition for judicial separation may be presented to the court by either party to a marriage on the ground that any such facts as mentioned in section 1(2) of the Matrimonial Causes Act 1973 exists to wit;
- i. 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
- A judicial separation in Cameroon is a legal process by which a married couple is formally separated, despite being legally married. The separation is granted in the form of a court order.
- In line with section 17 of the Matrimonial Causes Act 1973, a petition for judicial separation may be presented to the court by either party to a marriage on the ground that any such facts as is mentioned in section 1(2) of the Matrimonial Causes Act 1973 exists to wit;
- i. 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.
- ii. That since the marriage, one of the spouses has 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.
- iii. Desertion of one of the spouses for a continuous period of two years immediately preceding the presentation of the petition.
- iv. That the spouses have lived apart for a continuous period of two years immediately before the petition and the other spouse consent for divorce in Cameroon.
- v. 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.
- As well as the provision of section 2 of the Act shall apply accordingly for the purposes of a petition for judicial separation alleging any such fact, as they apply in relation to a petition for divorce alleging that fact. This section 2 of the Matrimonial Causes Act 1973 stipulates that;
- One party to a marriage shall not be entitled to rely on adultery committed by the other if, after it became known to him that the other had committed adultery, the parties have lived again for a period exceeding or periods together exceeding six months,
- Where the parties to a marriage have lived with each other after it became known to one party that the other had committed adultery, but the above provision does not apply, in any proceedings for divorce in which the petitioner relies on that adultery the fact that the parties have lived with each other after that time shall be disregarded in determining whether the petitioner finds it intolerable to live with the respondent.
On a petition for judicial separation, it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent, but the court shall not be concerned to consider whether the marriage has broken down irretrievably, and if it is satisfied on the evidence of any such fact as is mentioned in section 1(2) of the Matrimonial Causes Act 1973 as mentioned above, it shall be subject to section 41 of the Matrimonial Causes Act 1973 on the restrictions on decrees for dissolution, annulment or separation affecting children to grant a decree of judicial separation.
Effects of Judicial Separation
Where the court grants a decree of judicial separation, it shall no longer be obligatory for the petitioner to cohabit with the respondent.
If while a decree of judicial separation is in force and the separation is continuing either of the parties dies intestate as respects all or any of his or her real or personal property, the property as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead. - ce as it is very remote for acts of adultery to be discovered by the other spouse.
- ii. That since the marriage, one of the spouses has 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.
- iii. Desertion of one of the spouses for a continuous period of two years immediately preceding the presentation of the petition.
- iv. That the spouses have lived apart for a continuous period of two years immediately before the petition and the other spouse consent for divorce in Cameroon.
- v. 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.
- As well as the provision of section 2 of the Act shall apply accordingly for the purposes of a petition for judicial separation alleging any such fact, as they apply in relation to a petition for divorce alleging that fact. This section 2 of the Matrimonial Causes Act 1973 stipulates that;
- One party to a marriage shall not be entitled to rely on adultery committed by the other if, after it became known to him that the other had committed adultery, the parties have lived again for a period exceeding or periods together exceeding six months,
- Where the parties to a marriage have lived with each other after it became known to one party that the other had committed adultery, but the above provision does not apply, in any proceedings for divorce in which the petitioner relies on that adultery the fact that the parties have lived with each other after that time shall be disregarded in determining whether the petitioner finds it intolerable to live with the respondent.
On a petition for judicial separation, it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent, but the court shall not be concerned to consider whether the marriage has broken down irretrievably, and if it is satisfied on the evidence of any such fact as is mentioned in section 1(2) of the Matrimonial Causes Act 1973 as mentioned above, it shall be subject to section 41 of the Matrimonial Causes Act 1973 on the restrictions on decrees for dissolution, annulment or separation affecting children to grant a decree of judicial separation.
Effects of Judicial Separation
Where the court grants a decree of judicial separation, it shall no longer be obligatory for the petitioner to cohabit with the respondent.
If while a decree of judicial separation is in force and the separation is continuing either of the parties dies intestate as respects all or any of his or her real or personal property, the property as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead. - ve 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.
- iii. Desertion of one of the spouses for a continuous period of two years immediately preceding the presentation of the petition.
- iv. That the spouses have lived apart for a continuous period of two years immediately before the petition and the other spouse consent for divorce in Cameroon.
- v. 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.
- As well as the provision of section 2 of the Act shall apply accordingly for the purposes of a petition for judicial separation alleging any such fact, as they apply in relation to a petition for divorce alleging that fact. This section 2 of the Matrimonial Causes Act 1973 stipulates that;
- One party to a marriage shall not be entitled to rely on adultery committed by the other if, after it became known to him that the other had committed adultery, the parties have lived again for a period exceeding or periods together exceeding six months,
- Where the parties to a marriage have lived with each other after it became known to one party that the other had committed adultery, but the above provision does not apply, in any proceedings for divorce in which the petitioner relies on that adultery the fact that the parties have lived with each other after that time shall be disregarded in determining whether the petitioner finds it intolerable to live with the respondent.
On a petition for judicial separation, it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent, but the court shall not be concerned to consider whether the marriage has broken down irretrievably, and if it is satisfied on the evidence of any such fact as is mentioned in section 1(2) of the Matrimonial Causes Act 1973 as mentioned above, it shall be subject to section 41 of the Matrimonial Causes Act 1973 on the restrictions on decrees for dissolution, annulment or separation affecting children to grant a decree of judicial separation.
Effects of Judicial Separation
Where the court grants a decree of judicial separation, it shall no longer be obligatory for the petitioner to cohabit with the respondent.
If while a decree of judicial separation is in force and the separation is continuing either of the parties dies intestate as respects all or any of his or her real or personal property, the property as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead. - t 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.
- Since the marriage, one of the spouses has 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.
As well as the provision of section 2 of the Act shall apply accordingly for the purposes of a petition for judicial separation alleging any such fact, as they apply in relation to a petition for divorce alleging that fact. This section 2 of the Matrimonial Causes Act 1973 stipulates that;
- One party to a marriage shall not be entitled to rely on adultery committed by the other if, after it became known to him that the other had committed adultery, the parties have lived again for a period exceeding or periods together exceeding six months,
- Where the parties to a marriage have lived with each other after it became known to one party that the other had committed adultery, but the above provision does not apply, in any proceedings for divorce in which the petitioner relies on that adultery the fact that the parties have lived with each other after that time shall be disregarded in determining whether the petitioner finds it intolerable to live with the respondent.
On a petition for judicial separation it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent, but the court shall not be concerned to consider whether the marriage has broken down irretrievably, and if it is satisfied on the evidence of any such fact as is mentioned in section 1(2) of the Matrimonial Causes Act 1973 as mentioned above, it shall be subject to section 41 of the Matrimonial Causes Act 1973 on the restrictions on decrees for dissolution, annulment or separation affecting children to grant a decree of judicial separation.
Effects of Judicial Separation
Where the court grants a decree of judicial separation, it shall no longer be obligatory for the petitioner to cohabit with the respondent.
If while a decree of judicial separation is in force and the separation is continuing either of the parties dies intestate as respects all or any of his or her real or personal property, the property as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead.