Marriage, partnership and divorce — Cameroon

Marriage

Civil marriage before the officier d'état civil (civil status registrar) under Ordinance No. 81-02 of 1981 on civil status, after public notice at the centre d'état civil (civil status centre) and in the presence of witnesses; at the ceremony the spouses choose between monogamy and polygamy, an option written into the marriage certificate and hard to reverse. The dot (bride price) is not a condition of validity, and a customary marriage has civil effect only once recorded in the état civil. British nationals start with the GOV.UK 'marriage abroad' tool; the Cameroonian marriage is valid in the UK without registration, within the limits UK law sets on polygamy.

Full detail: Marriage

Partnerships and cohabitation

Cameroonian family law knows only marriage: civil marriage, and customary marriage (mariage coutumier) once it has been recorded or registered in the état civil. There is no registered partnership. Concubinage, very common in practice, creates no duty of maintenance, no sharing of property and no inheritance right for the surviving partner: only a will can pass property to him or her. Children's rights do not depend on their parents' status, provided their parentage (filiation) is established and registered. For anything bought together, the only real protection is a notarial deed stating each partner's share. The weakest position is that of the veuve de fait (a widow without a marriage certificate): without a certificate or a will, she can be pushed out of the home and away from the property by the deceased's family. Having a customary union recorded in the état civil is often the most accessible way to rights, and the cheapest.

Many British-Cameroonian couples first live together without marrying, in the UK, in Cameroon or between the two, and the law of both countries gives them little. In Cameroon concubinage has no legal status at all, and when a partner dies it is often the family of the deceased that decides, according to custom, what happens to the home and the property; the woman who loses her partner is the first to suffer. In England and Wales there is no such thing as a 'common-law marriage': cohabitants do not inherit when there is no will, cannot claim maintenance for themselves after a separation and share property only according to who owns it, although a partner who lived with the deceased for the two years before the death can ask the court for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975, if the deceased was domiciled in England and Wales. Scotland and Ireland give cohabitants limited remedies — under the Family Law (Scotland) Act 2006 and the Irish Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 —, and the inheritance tax exemption between spouses and civil partners never applies to an unmarried partner.

A UK civil partnership — now open to opposite-sex couples throughout the UK — has no status in Cameroon, which knows no registered partnership; for a same-sex couple, Cameroonian criminal law also comes into play (see the page on same-sex marriage). For immigration, the UK is more open than many countries: the family visa can be granted to an unmarried partner after at least two years in a relationship, normally living together, under the conditions published on GOV.UK; Irish citizens check the rules of the Irish immigration service. For children, a child born in Cameroon to a parent who is British otherwise than by descent is normally British by descent; when only the father is British and the parents are not married, this has been possible since 1 July 2006, provided paternity is proved in a way HM Passport Office accepts. Couples who want full rights in both countries marry — before the officier d'état civil (civil status registrar) in Cameroon, or in the UK.

Key points

In practice

• Have a customary marriage recorded or registered in the état civil: it is the step that turns a de facto situation into rights, and the most protective and least costly one.
• Declare and acknowledge children at the état civil within the legal time limits. If the father is British, keep the evidence of paternity that HM Passport Office accepts before applying for the child's British passport; a birth certificate in French needs a certified English translation.
• Write down each partner's contribution to anything bought together, buy property as co-owners with stated shares by notarial deed, and keep the records of transfers from the UK.
• Make a will before a notary that provides for your partner within the limits of the inheritance law that applies, and give a copy to someone you trust; for assets in the UK, make a UK will as well, drafted so that neither revokes the other.
• Give each other written powers of attorney for banking and, in the UK, lasting powers of attorney (England and Wales; Scotland and Northern Ireland have their own equivalents), so that a partner can act if the other loses capacity.

Cost and coverage

Recording a customary marriage on time and registering births cost little; a notarial deed of purchase with stated shares and a notarial will mean moderate notarial and registration fees, whereas a dispute between heirs costs a great deal. On the UK side, a UK will and lasting powers of attorney carry modest fees, UK documents for use in Cameroon are legalised by the FCDO for a fee per document, and visa applications carry the fees and the immigration health surcharge published on GOV.UK.

Where to go

• Services d'état civil of the communes: registration of births, acknowledgement of children, recording of customary marriages.
• Notaries and cliniques juridiques (law clinics): written agreements between partners, deeds of purchase with shares, wills.
• Women's rights organisations: support, especially for widows without a marriage certificate.
• British High Commission in Yaoundé: consular assistance (no notarial acts in Commonwealth countries); HM Passport Office for a child's British passport; GOV.UK for family visas; Irish citizens: Department of Foreign Affairs.

Frequently asked questions

Sources

• Services du Premier ministre — official government website — laws and regulations of Cameroon (French version)
• GOV.UK — get a document legalised — legalisation of UK documents by the FCDO Legalisation Office
• British High Commission Yaoundé — consular assistance for British nationals in Cameroon

The general article: Partnerships and cohabitation · Compare with another country

Same-sex marriage

Cameroon punishes relations between persons of the same sex under article 347-1 of the 2016 Penal Code, which provides for six months to five years' imprisonment and a fine; the Code applies throughout the country, in the English-speaking regions as elsewhere. Cameroon is one of the few countries where this provision leads to regular prosecutions, including on the basis of denunciations or of content found on a phone; convictions have been based on messages and photos. There is no recognition of same-sex couples, as marriage or in any other form, and no legal protection against discrimination. A marriage celebrated abroad has no effect whatever in Cameroon: no residence as a spouse, no inheritance, no medical decisions for the partner. The law applies to everyone in the country, foreigners included.

For British-Cameroonian same-sex couples the gap between the two legal systems could hardly be wider. In the UK they can marry — in England, Wales and Scotland since 2014, in Northern Ireland since 2020 — and Ireland has allowed same-sex marriage since 2015; in Cameroon such a marriage is not merely ineffective: if it becomes known, it can expose the Cameroonian partner to prosecution. Cameroon is the case in French-speaking Africa where the gap between the text and its application is narrowest: the number of cases brought before the courts bears no comparison with the Maghreb or Senegal; proceedings almost always start with a denunciation, and private exchanges are frequently the evidence. The FCDO's travel advice for Cameroon states plainly that same-sex sexual acts are illegal there and that same-sex partners have been arrested and prosecuted.

LGBT+ Cameroonians are among those who have sought protection in the UK. Persecution on grounds of sexual orientation can found a claim for refugee status, decided case by case by the Home Office, and the leading judgment concerns a Cameroonian: in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department (2010), the Supreme Court held that a gay asylum seeker cannot be refused on the ground that he or she could avoid persecution by concealing his or her sexuality. For British nationals who visit a partner in Cameroon or work there, digital caution is a safety measure: the data on a phone — messages and photos — have been the main source of evidence in Cameroonian cases. The British High Commission in Yaoundé can visit a British national who is detained, keep in touch with the family and provide a list of local lawyers, but it cannot prevent an arrest or a prosecution, nor interfere in the judicial process.

Key points

In practice

• No union between persons of the same sex can be registered in Cameroon, and a marriage celebrated abroad has no effect there: no residence as a spouse, no inheritance, no medical decisions.
• Couples who want to live together do so in the UK: marriage at a register office, with a visa for the Cameroonian partner — a marriage visitor visa or a family visa as a fiancé(e), under the conditions published on GOV.UK. Before any step with Cameroonian offices (copies of records, registrations, applications), consider whether it would make the relationship visible there.
• Draw up the documents that protect the couple — will, powers of attorney, bank mandates — in the country of residence, usually the UK; in Cameroon they have no reliable value for a same-sex couple.
• Treat digital caution as a safety measure: do not keep on your phone exchanges or images that could expose you, use locking and automatic deletion, and be wary of dating apps and of meetings arranged online with strangers.
• Before travelling, read the FCDO travel advice for Cameroon and GOV.UK's advice for LGBT+ travellers, and keep the contact details of the British High Commission in Yaoundé and of a local lawyer at hand. If arrested, ask for a lawyer and for the High Commission to be informed, and do not sign a statement you have not read.

Cost and coverage

In Cameroon there is nothing to pay for, since no procedure exists to register a union; legal assistance goes through lawyers and associations. In the UK, a marriage carries the register office's notice and ceremony fees, certified translations of Cameroonian documents and, for a partner coming from Cameroon, the visa fee and the immigration health surcharge; a will and lasting powers of attorney add modest fees.

Where to go

• For British nationals, the British High Commission in Yaoundé: consular assistance, visits in detention, lists of local lawyers; for other foreigners, their own consulate; Irish citizens: Department of Foreign Affairs.
• Regional and international human rights organisations: documentation and support, including from abroad.
• A local lawyer, indispensable as soon as proceedings begin.
• In the UK: the register office for marriage, the Home Office for asylum claims, and organisations supporting LGBT+ asylum seekers such as Rainbow Migration.

Frequently asked questions

Sources

• Services du Premier ministre — official government website — laws and regulations of Cameroon, including the Penal Code (French version)
• British High Commission Yaoundé — consular assistance for British nationals in Cameroon
• GOV.UK — getting married abroad — what is possible for British nationals, by country

The general article: Same-sex marriage · Compare with another country

Matrimonial property and inheritance

Spouses choose their matrimonial property regime — communauté de biens (community of property) or séparation de biens (separation of property) — at the ceremony, and the choice is written into the marriage certificate; written law and customary laws coexist, and in practice custom often disadvantages widows and daughters. The protection lies in three documents: the registered marriage certificate, the title in both names and a notarial will. None of the UK's legal systems, nor Irish law, has a community of property, and an English court dividing assets on divorce applies English law to all of them, land in Cameroon included.

In Cameroon the written law coexists with customary laws (droits coutumiers), so that the division of property depends heavily on the type of marriage celebrated; written succession law derives from the Civil Code in the French-speaking regions and from the common law in the English-speaking regions. The spouses choose their regime — community of property or separation of property — at the celebration, and the choice is entered in the marriage certificate (acte de mariage); many spouses do not know what they chose. Succession may fall under written law, custom or religious law depending on the status of the parties and the options they exercised, including the option between monogamy and polygamy. The Constitution and the Maputo Protocol guarantee the equality of women and men, but customary practices frequently disadvantage widows and daughters: the courts of modern law apply equal division, customary courts often apply rules unfavourable to them, and the case law of the Supreme Court has gradually set aside customs contrary to public policy, notably those excluding the widow. Equality between children is progressing in recent codes but remains contested in practice. Title to land is the titre foncier (land certificate), dealt with by the services des domaines and the conservation foncière (land registry): registration in both spouses' names is the most effective protection, and a notarial will the only reliable way to protect the surviving spouse.

Two worlds meet. None of the legal systems of the UK — England and Wales, Scotland, Northern Ireland — nor Irish law has a community of property: spouses own separately what they buy, and on divorce the court shares the assets, in England and Wales at its discretion, in Scotland by sharing the matrimonial property fairly. In Cameroon, by contrast, the regime chosen at the ceremony and entered in the certificate governs. No treaty between the UK and Cameroon deals with matrimonial property, and no EU regulation is in play: an English court dealing with a divorce applies English law to all the assets, wherever they are, land in Cameroon included, while Cameroonian authorities assess the situation under their own law and on the basis of the marriage certificate — and for land in Cameroon, what counts in practice is in whose name the titre foncier is registered. A couple who married in the UK and settle in Cameroon have no regime entered in a Cameroonian certificate: they should ask a notaire (notary) in Cameroon how their property will be treated before they buy.

Many Cameroonians in the UK build or buy a house or a plot at home with money earned in Britain, and it is not unusual for it to be registered in the name of a relative or of only one spouse. That is where the conflicts arise: in Cameroon the division of property is often settled within the family, according to custom, without a judge, and a widow — including a British widow of a Cameroonian husband — can be left with nothing if the marriage certificate, the title and the will are missing. The CFA franc (XAF) is pegged to the euro, so against sterling it moves with the euro; transfers should be documented and labelled with their purpose. In the UK, property remains subject to UK property law, UK residents are generally taxed on their worldwide income — rent from a house in Cameroon included — and inheritance tax follows UK rules (see the page on inheritance).

Key points

In practice

• Ask for a copie intégrale of the marriage certificate and check the regime entered: many spouses do not know what they chose — and UK solicitors and courts will need the certificate, with a certified English translation if it is in French.
• Make a notarial will, deposit it with the notary and tell someone you trust that it exists: it is the most effective way to protect the surviving spouse; for assets in the UK, make a UK will as well, drafted so that neither revokes the other.
• Write down each spouse's contribution to the purchase of each asset, and keep the records of transfers from the UK with their purpose.
• Register land that both of you finance in both spouses' names, with the services des domaines and the conservation foncière, and not in the name of a relative, even temporarily.
• Couples who live, or will live, in the UK should ask a solicitor how their assets would be treated on divorce or death. An English prenuptial or postnuptial agreement is not automatically binding, but since Radmacher v Granatino (2010) the courts give effect to an agreement freely entered into unless holding the parties to it would be unfair; draft it so that it can also be produced in Cameroon.
• UK documents for use in Cameroon — title deeds, agreements, certificates — are legalised by the FCDO Legalisation Office; in Cameroon, certification is done by local notaries, since the British High Commission does not carry out notarial acts in Commonwealth countries.

Cost and coverage

Notarial and registration fees in Cameroon are moderate, but proceedings to divide property can be long and costly in practice: registration and a will cost little, a contested division costs a great deal and takes years. In the UK, solicitors' fees for a nuptial agreement or a will depend on the complexity of the assets; add the FCDO's fee for each legalised document and certified translations.

Where to go

• Notaries and officiers d'état civil (civil status registrars): wills, deeds of purchase, copies of the marriage certificate.
• The courts with jurisdiction in succession matters; cliniques juridiques (law clinics) and women's rights organisations, often decisive for widows facing dispossession.
• Services des domaines and conservation foncière: titles to land.
• In the UK, a solicitor experienced in international family or succession law, and HMRC for tax; British High Commission in Yaoundé for consular assistance; Irish citizens: Department of Foreign Affairs.

Frequently asked questions

Sources

• Services du Premier ministre — official government website — laws and regulations of Cameroon (French version)
• GOV.UK — get a document legalised — legalisation of UK documents by the FCDO Legalisation Office
• British High Commission Yaoundé — consular assistance; no notarial acts in Commonwealth countries

The general article: Matrimonial property and inheritance · Compare with another country

Divorce

Judicial divorce in a system where written civil law and customary laws coexist: for a marriage celebrated before the officier d'état civil (civil status registrar), the tribunal de première instance (court of first instance) has jurisdiction, after a compulsory attempt at conciliation; the judgment settles custody and maintenance and is effective against third parties only once noted in the margin of the marriage certificate. A Cameroonian divorce is recognised in the UK under the Family Law Act 1986 without any procedure, but a customary marriage never recorded in the état civil (civil status registry) gives no right to maintenance or to a share of property before the modern-law courts.

Full detail: Divorce