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STEPS TO GETTING A DIVORCE IN TRINIDAD AND TOBAGO

Martin George & Company > Laws of Trinidad and Tobago  > 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) 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;

divorce pic

 

(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

divorce2

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

48 Comments

  • carl loubon
    Reply August 22, 2016 at 12:34 pm

    i want to divorce my wife and im giving her everything that we own does this mean i can get the divorce faster……………..

    • Tianna Patterson
      Reply August 23, 2016 at 12:39 pm

      There is no certainty however if you wish to be further advised on same please contact one of our offices:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

    • Tianna Patterson
      Reply November 3, 2016 at 2:12 pm

      If you wish to be advised on the matter please contact one of our offices:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

  • Emma
    Reply November 2, 2016 at 1:07 am

    Hi my ex was supposed to return to court 6 weeks later to get the ab decree but he didn’t go and it’s been a year later.can I go in if i’m the respondent? It’s taking so long because of him

    • Tianna Patterson
      Reply November 8, 2016 at 12:23 pm

      f you wish to be advised on the matter please contact one of our offices:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

    • Tianna Patterson
      Reply November 16, 2016 at 12:27 pm

      If you wish to be advised on the matter please contact one of our offices:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

  • Dion
    Reply November 2, 2016 at 5:17 pm

    If party is presently going through the citizenship process and decided to get divorced before what are their rights and will they have to leave the country

    • Tianna Patterson
      Reply November 3, 2016 at 2:09 pm

      If you wish to be advised on the matter please contact one of our offices:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

    • Tianna Patterson
      Reply November 16, 2016 at 12:27 pm

      Good Morning If you wish to be advised on the matter please contact one of our offices:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

  • Anna
    Reply November 6, 2016 at 11:56 pm

    To be advised costs how much

    • Tianna Patterson
      Reply November 8, 2016 at 12:21 pm

      Good Morning The Cost to be advised is $375.00

  • Natasha benny
    Reply December 1, 2016 at 1:49 am

    Can I get a divorce even if my husband doesn’t want to the reason would be misbehavior

  • Lavaughn
    Reply December 3, 2016 at 10:45 pm

    So what if my husband has confessed to infidelity? Isn’t that considered proof? I was abused and left his home since March 2016, but I want to file divorce on grounds of infidelity.

  • Bella
    Reply January 28, 2017 at 6:17 pm

    I’m having problems in my marriage, a husband that cheated b4 marriage.
    We’re married 3years, no children but there isn’t any hope for us.
    He says I control his life but it’s actually the other way around.
    I give up on this marriage, I am the faithful one but he isn’t.
    I can’t take the stress and depression all the time from him.
    I need a divorce.

    • MAGCO
      Reply January 30, 2017 at 3:47 pm

      Hi Bella,
      If you wish to be advised on this matter as to what steps to take please contact one of our offices:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

  • Jan
    Reply April 26, 2017 at 8:20 pm

    My husband and I both want a divorce we have been living in separate countries for more the 7 years. What would a clean divorce with both parties agreeing cost?

    • Michelle Thompson
      Reply May 3, 2017 at 12:59 pm

      Good Morning Jan,

      f you wish to be advised on this issue you can contact us at any f our offices:

      Trinidad Office: #43 Dundonald Street,
      Corner. Gordon & Dundonald Streets,
      Port of Spain, Trinidad W.I
      Tel:(868) 624-7257/ Fax 623-5187
      Email: mag4law@hotmail.com
      Website:www.martingeorge.net

      Tobago Office: #33 Bacolet Park,
      Scarborough,
      Tobago W.I
      Tel: (868) 639-1809/ fax 639-1579

      Thank You

  • Sandra Matoo Aziz
    Reply June 2, 2017 at 1:47 pm

    Hi….I have been separated for 3 years now an i have moved on an i haven’t seen or talked to my legally married husband which is my child father an he doesn’t pay any mantainance since he was order to pay…so right now he has warrants out for him an don’t no where he is or have a contact number for him….so I would like to no if I would still be able to get a divorce and how long will this procedure take..

    • Michelle Thompson
      Reply June 12, 2017 at 12:21 pm

      Hi Sandra,
      for legal consultation please contact any of our offices located at:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

  • amanda
    Reply July 5, 2017 at 4:14 am

    i’ve been married 2 going on three years with two young kids for my husband , a 1 year old and 3 months old he’s been unfaithful and still insist on keeping the woman as a so called friend i have been faithful and i’m not working i need to move and rent but i can’t make a move and serve him until i know for sure that if i do my kids and i can have a roof over our heads and food on the table

  • Waheeda Khan
    Reply July 7, 2017 at 1:54 pm

    Once the lawyers send the papers to the court and it has to be delivered by a Marshall to the person. How long does the process take approximately?

  • Crystal
    Reply July 18, 2017 at 11:59 am

    I want to divorce my Hus we been separate for 7 years wat is the fast way to get one but he live in a other country

  • Niron
    Reply August 15, 2017 at 1:53 am

    Can you tell me how much does a divorce cost and how fast can i get one i want a divorce from my wife asap the quicker the better she filed already and the case was trown out she cheated and lives with the guy (good luck to him ) Now please let me know how fast can i get one thnaks

    • Michelle Thompson
      Reply August 28, 2017 at 4:12 pm

      Hi Niron,

      for legal consultation please contact any of our offices located at:

      #43 Dundonald Street Cor. Gordon & Dundonald Streets, Port of Spain, Trinidad.
      Tel: 624-7257 Tel/Fax:623-5187
      Cell:685-6301
      Email:mag4law@hotmail.com

      or

      #33 Bacolet Park, Scarborough, Tobago
      Tel: 639-1809
      Fax: 639-1579

      Thank You!

  • Geezel Trotman-France
    Reply January 25, 2018 at 4:42 pm

    My husband and I have been separated for five years he abandoned me and our children and as far as I know he no longer lives in Trinidad and Tobago I need to get a divorce how do I go about doing this?

  • Ria
    Reply January 28, 2018 at 12:35 am

    hi, is constant verbal abuse grounds for a divorce? but how will i get the proof?

  • Shiv
    Reply February 25, 2018 at 1:21 pm

    I want to file for divorce because my wife and I was separated for the past 3 years.. I have proof of her committing adultery and other evidence.. we have a 3 year old daughter that I “the father”, took care of her and maintained since she was a year and a half old (1 1/2). My daughter is currently 5 years at the moment and is enrolled in school.. If I file for divorce will the courts grant my wife custody of my child?? The other thing is that my wife is illegal in this country. She is a citizen of guyana who overstayed her time.. A little advice please. Your feedback will be greatly appreciated. Thank you.

  • Catherine smith
    Reply July 20, 2018 at 4:05 am

    Hi can I file for divorce if I hav committed adultry?

  • Visham chattoo
    Reply July 20, 2018 at 4:14 pm

    Hi good day i would like to if a person could get a divorce without the other party knowing or getting invovled due to violent behaviours and more all i want is a divorce thats it and i want to know if it is possible or not thats all

  • Jay
    Reply September 14, 2018 at 1:42 pm

    I’ve been living in Trinidad and Tobago for the last 5 years. My husband lives in the USA we were married there. I do not know where he is and have tried to contact him throutgh relatives. Is it advisable to file divorce here or go to the USA and file there. we have no children nor anything to be divided.

  • Richard
    Reply September 30, 2018 at 7:53 am

    After the divorce hearing with the magistrate or judge, they normally state that once approved you have to wait 2-3 months for the final divorce decree or papers. During this time can the divorce be reversed before receiving the final papers?

  • Toya
    Reply December 14, 2018 at 8:02 pm

    Hi I’m a non national of Trinidad and Tobago but i married a Trinidadian under hindu rights . I later found out he was abusive so i left. We have been married for almost 6 months and separated for 4. I do not need residence here, i just want to get a divorce so i could move on with my life after returning home to my home country because i won’t be able to come back to Trinidad after i do so. Please tell me how to go about this

  • Navita
    Reply January 24, 2019 at 10:32 am

    Good day my ex and I have been living apart for about five years now we are legally married but we have both moved on with our lives and with other people now I would like to get a divorce we have a 10 year old child but he has no contact and has made no attempts to provide for her to be quite frank we both want nothing to do with him and want nothing from him where do I go from here at this point

  • Brent
    Reply May 24, 2019 at 8:51 pm

    I want a Devorce ,am giving her everything we got the kids everything in the apartment we don’t have any sort of account together or property would like to get more advice

  • Amit singh
    Reply July 22, 2020 at 10:38 am

    Hi I want to divorce my wife we have been married for two years with no children and no property on our name will I get this done without any prob

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