As stated on the FIDA Cameroon webpage, “As an organization of women in the legal profession: Lawyers, Notaries, Bailiffs, Judges and Legal Assistants and persons of other genders with proficiency in the legal field, our mission is centred around promoting human rights and women’s rights in particular, respect for the rule of law and the independence of the judiciary.”
The mission of FIDA Cameroon and the legal aid they provide to women and young girls is a necessary and vital service within the community. Literally translated from French, FIDA means, “Law for Women” and we can see that this service is fundamental to protecting their rights and the rights of the community as a whole.
We can also see how a service like the one offered by FIDA Cameroon can help empower women to ask questions and understand their rights within a marriage. As prenuptial agreement attorneys and advocates for family law, we know how important it is that women understand that there are sometimes steps to be taken in advance of entry into a marriage that can help secure their legal and financial interests both in and after a marriage.
In Cameroon, there is a perception that prenuptial agreements are not widely known or accepted by the community. In fact, many people see marriages as a joining of families rather than individuals and, therefore, it is not so important to have any sort of formal agreement. Here again, is where the work of entities like FIDA Cameroon can empower women to ask questions and find the answers they need to protect themselves.
A look at the legal structure around prenuptial agreements shows that they may be more common than understood in Cameroon. Upon entry into a marriage, the only legally recognized regime of property is community of property, however, with judicial authorization before the marriage, spouses may choose different regimes including separation of property if desired.
Naturally, if parties desire to enter into a separation of property regime, they will require a formal agreement legally recognized in advance of the ceremony. A prenuptial agreement that specifies community property or separation of property is a simple way to secure the legal and financial interests of everyone entering into a marriage as in both cases a description of the property held prior to marriage can be established.
We have talked about how a prenuptial agreement may come into play at certain points during a marriage, but it can also be useful for planning for the end of a marriage. For example, a prenuptial agreement may set out which spouse will retain the family home if parties decide to divorce, how several bank accounts will be divided, whether there is an expectation of spousal support and if so who will pay, who will receive and in what amount, what will happen with business interests and so on.
These types of details can be key to resolving the issue of money should a marriage come to an end. The aforementioned will prevent one side from unfairly benefiting from the other and will protect the spousal interests of each party under the agreement.
The process and execution of a prenuptial agreement can be simple or complex depending on the level of detail desired or required. Once desired terms have been agreed to, a formal contract or agreement is drawn and each party to the marriage or civil union are invited to read the terms and sign. Recognition of the contract can then be applied for, if necessary, or the contract can be filed privately. Sometimes a formal licensing fee is applied.
At the end of the day, even if the conditions of a prenuptial agreement wouldn’t be formally recognized within the community as being the way to move toward a marriage, it would nevertheless protect the interests of both parties. And, it would also still be necessary to ask the question or make the suggestion to begin the process. Here again, the work of FIDA Cameroon is important.
If we remember further that the issues around prenuptial agreements are not so much about the contracts themselves but educating women about their rights and empowering them to ask questions, we can see that this type of service can fit well in the good work being done by FIDA Cameroon.
Naturally, general discussions of women’s rights and protections can be included in the law advice and education FIDA Cameroon offers the community. It can also serve as an opportunity for women to have conversations about their finances and to explore what role prenuptial agreements could play in protecting their interests.
We can see that the role of prenuptial agreement attorneys in helping women’s groups like FIDA Cameroon service the community can take different forms. It can be direct participation, legal consultation or support for their programs. It could also be sharing information through relevant articles such as this one.
My hope is that this article will spur some thought in understanding how the services of prenuptial agreement attorneys can fit into the current needs of the legal aid FIDA Cameroon provides.
For more information on prenuptial agreements, you can visit the Wikipedia page on the topic.