STEPS TO GETTING A DIVORCE IN TRINIDAD AND TOBAGO

STEPS TO GETTING A DIVORCE IN TRINIDAD AND TOBAGO

Here are the Steps to getting a Divorce in Trinidad and Tobago. The law under the Matrimonial Proceedings and Property Act Chap 45:51.

Section 5 (1) a divorce petition cannot be presented until one year of marriage has passed unless there are extreme circumstances.

Section 3

The marriage must be at a stage where reconciliation is impossible.

Section 4(1)

The person initiating the divorce must prove:

(a) the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

(b) the respondent has behaved in a way that the petitioner cannot reasonably be expected to live with the respondent;

(c) the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;

(d) the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted;

(e) the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.

Section 4(2) – Empowers the court to investigate

Section 24(1) – A spouse may be entitled to maintenance especially when the other decides to leave his/her partner in a position that may impose a burden on society (benefits, etc.). E.g. disability or children. A most recent case at the time of posting: Ann-Marie Ramdhan v Peter Ramcharan, delivered on 22/06/2010. If one spouse is overseas, Sections 62 – 62H lays down the law in that regard.

STEPS TO GETTING A DIVORCE IN TRINIDAD AND TOBAGO

Extracted From: Trinidad and Tobago Legal Rights