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

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

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

 

(d) that 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) that 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.) i.e., disability or children. 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.

 

Extracted From: Trinidad and Tobago Legal Rights