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THEKNOWLAW
DIVORCE
If a marriage breaks down, a husband and wife may legally end their relationship by obtaining a divorce.
There is ONE ground for divorce in Trinidad and Tobago: that the marriage has “broken down irretrievably”.
There are several ways of proving this irretrievable breakdown, which will affect how a “petition” is filed in court.
The “petition” must be filed at the Family Court along with an original marriage certificate.
If there are children under the age of 18, or who are still attending school or university, or who have a disability, a “Statement of Arrangements” for the children must be filed along with the petition.
As a “Petitioner”, you must be able to prove the irretrievable breakdown of the marriage in one of the following ways:
Your spouse has committed adultery and you find it intolerable to live with him/her; or#1
As a “Petitioner”, you must be able to prove the irretrievable breakdown of the marriage in one of the following ways:
your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her; or#2
As a “Petitioner”, you must be able to prove the irretrievable breakdown of the marriage in one of the following ways:
your spouse has deserted you for a continuous period of at least two years immediately before your petition is filed; or
#3
As a “Petitioner”, you must be able to prove the irretrievable breakdown of the marriage in one of the following ways:
you and your spouse have lived apart for a continuous period of at least two years immediately before your petition is filed and your spouse agrees to get a divorce; or
#4
As a “Petitioner”, you must be able to prove the irretrievable breakdown of the marriage in one of the following ways:
you and your spouse have lived apart for at least five years immediately before your petition is filed. Your spouse’s agreement is not necessary in this instance.
#5
After the court has heard and considered the petition for divorce, it will usually grant the divorce in two stages:
Firstly, the court will grant what is known as a ‘decree nisi’.
After 6 weeks have passed, you can apply for a ‘decree absolute’.
This is the final declaration that you are legally divorced from your spouse, and you are then free to re-marry.
Where there is a dispute regarding the custody of children, maintenance, or matrimonial property settlement, a separate application may have to be made to the court.
The information provided here is not intended to give legal advice. Should you require legal representation or advice, please consult an attorney-at-law.
DIVORCE
THEKNOWLAW
