The Legal Implication of No-Fault Divorce in the Common Law Jurisdictions of Cameroon

Boma Alvine (University of Buea) and Sona Mukete Gerald (University of Buea)

Published: 05/01/2026

Abstract:

This paper examines the legal implication of no fault divorce in the common law jurisdictions of Cameroon. The Divorce, Dissolution and Separation Act 2020 which permits married parties to make an application for divorce without apportioning blame is a violation of the right of fair hearing enshrined in the Constitution of Cameroon as well as an aberration of section 358 of the Cameroon Penal Code that prohibits desertion. The methodology used in this study is qualitative and the method adopted is the doctrinal method. The study finds that courts in the common law jurisdictions of Cameroon now apply the Divorce, Dissolution and Separation Act 2020 that does not require fault in granting divorce. The application of the law in the courts of Cameroon is problematic because the Cameroon Penal Code makes marriage a union that is not easily breakable. It is therefore recommended that the Civil Status Registration Ordinance in Cameroon be revised to incorporate new provisions that provide fault as the basis of divorce to ensure compatibility with the Penal Code, which recognises the sanctity of the institution of marriage.