GENERAL INTRODUCTION

BACKGROUND TO THE STUDY

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling 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 laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt.

In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.

Divorce is different from annulment, which declares the marriage null and void, with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

The only countries that do not allow divorce are the Philippines, the Vatican City and the British Crown Dependency of Sark. In the Philippines, divorce for non-Muslim Filipinos is not legal unless the husband or wife is an alien and satisfies certain conditions. 

The Vatican City is an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975, although from 1910 to 1940 was possible both for the civil and religious marriage), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991; from 1976 was allowed only for non-Catholics),Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011).

The ancient Athenians liberally allowed divorce, but the person requesting divorce had to submit the request to a magistrate, and the magistrate could determine whether the reasons given were sufficient.

Divorce was rare in early Roman culture but as their empire grew in power and authority Roman civil law embraced the maxim, “matrimonia debent esse libera” (“marriages ought to be free”), and either husband or wife could renounce the marriage at will. The Christian emperors Constantine and Theodosius restricted the grounds for divorce to grave cause, but this was relaxed by Justinian in the 6th century.

STATEMENT OF PROBLEM

The debate about women’s rights in general and widows’ particularly, has been of much concern to women, policy makers and international organizations alike. In a typical traditional African milieu, the woman virtually finds herself in an essentially male-dominated environment.

The various customs that obtain in most African countries, the institutions that regulate day to day life are controlled by the men-folk. In this way, women have very limited rights.

Upon the breakdown of a customary law marriage through death, the widow suddenly finds herself as an object of inheritance. Notwithstanding that this practice is contrary to the law cases abound which show that this practice is instead gaining ground.

It is based on the foregoing that the researcher has embarked on this research to find out the root causes of these problems and to propose policy recommendations’ to address the issues raised.

1.3 RESEARCH QUESTIONS

The researcher seeks to answer the following questions which can be categorized under general questions and a set of specific questions.

1.3.1 GENERAL RESEARCH QUESTION

The general question is, what are the property rights of women after divorce proceedings in Anglophone Cameroon?

1.3.2 SPECIFIC RESEARCH QUESTIONS

• What is divorce and what factors can account for it?
• What is the position of customary law on women’s property rights in Anglophone Cameroon?
• What is the position of written law on women’s property rights in Anglophone Cameroon?
• The attitude of courts towards women’s property rights?
• What policy recommendations can be made to address the issue?

1.4 OBJECTIVES OF THE STUDY

The objectives are divided into general and specific objectives

1.4.1 GENERAL OBJECTIVE

The goal of the research is to critically examine the property rights of women after divorce proceedings in Anglophone Cameroon

1.4.2 SPECIFIC OBJECTIVES

• To discuss the concept of divorce of divorce and factors accounting for it.
• To examine the position of customary law on women’s property rights in Anglophone Cameroon.
• To examine the position of written law on women’s property rights in Anglophone Cameroon.
• To discuss the attitude of courts towards women’s property rights.
• To make policy recommendations that can address the issues raised and proffer possible solutions on the way forward.