Introduction

The protection of women’s fundamental rights remains a major concern that still sparks vigorous debate, both at the international and national levels. This need for protection is particularly sensitive within marriage, especially when it comes to financial relationships. The matrimonial regime sets the framework for managing a couple’s assets during marriage and upon its dissolution (divorce, death, etc.). At that moment, the assets must be liquidated and divided fairly according to the regimen chosen at the time of marriage. However, this right is often denied to women for outdated reasons.

Outdated Reasons for Denying Liquidation

The matrimonial regime comprises the financial regulations that govern the couple’s assets during marriage and upon its dissolution, as well as financial issues within the marriage and in relation to third parties. At the end of the marriage, this regimen must be liquidated: assets are divided either automatically by the court or upon request by heirs (in case of death) or by either spouse (in case of divorce). However, although this right is legally recognized, it often cannot be enforced in practice. As in many African states, Cameroon maintains customs founded on subordination — notably, the man’s superiority within the family. These customs, often discriminatory, reduce the woman’s role to that of a piece of property. These practices, while condemned, still persist in some Cameroonian communities. Therefore, judges frequently deny the liquidation of the matrimonial regimen when the request comes from the wife. In less restrictive cases, the wife is forced to prove her contribution to the couple’s assets. These decisions undermine the institution of marriage and perpetuate inequalities.

The Positive Change in Societal Mentalities

Faced with these forms of discrimination, the international community has mobilized to promote equality and civil rights. Since the adoption of the Universal Declaration of Human Rights in 1948, numerous international conventions have been implemented to protect women’s rights, particularly in financial relationships between spouses. These instruments aim to abolish discriminatory practices and guarantee equality. Cameroon has ratified many of these texts and integrated them into its domestic legislation, contributing to a change in mentalities. Today, some judges, aware of this necessity, automatically order the liquidation of the matrimonial regimen upon the pronunciation of divorce, without waiting for a request from either spouse. This practice, still marginal, deserves to be encouraged and generalized.

Conclusion

The wife’s right to liquidate the matrimonial regimen is well recognized, but its application is often flawed. While the evolution of mentalities is undeniable, the sometimes lax application of both national and international legislation by the judicial authorities shows that there’s much progress to be made. This right is constantly evolving, and it is essential to pursue further efforts to guarantee true equality between spouses, especially in financial matters.

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