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WAYS TO END A MARRIAGE IN TRINIDAD AND TOBAGO

Martin George & Company > Laws of Trinidad and Tobago  > WAYS TO END A MARRIAGE IN TRINIDAD AND TOBAGO

WAYS TO END A MARRIAGE IN TRINIDAD AND TOBAGO

There is no law that forces you to end your marriage in a certain way. You can end as partners or as adversaries, fighting in court or agreeing in court, breaking the bank or limiting your emotional and financial damage. And at any time, you can change your mind.

marriage

Dissolution is cooperative. It is the legal way of agreeing on all issues and moving on. It is completely private and in your control, but for the final judgment which is part of the public court record.
Procedure: First, a written separation agreement outlining mutual understanding on property, support, and parenting responsibilities. Second, a petition for dissolution, which is a request that the court legally end the marriage in accordance with your separation agreement. You may have to attend a hearing, but in most cases it is not necessary.

end

Divorce is the when the parties are not in agreement on one or more issues. A divorce requires “grounds for a divorce” (see post on divorce). Usually, if you file and your spouse does not respond within twenty-eight days of being served with formal legal notification, your divorce will generally be considered uncontested. The petitioner will then have to apply to the court for the divorce to proceed and a hearing for the decree nisi will be set. In general, divorce means that the partners have issues they have so far been unable to resolve. It does not necessarily mean that you will be antagonists. There are many other possibilities:

You may choose a collaborative divorce, where both parties and their attorneys sit down to resolve issues together, privately and outside the courtroom. You and your former spouse decide on support, property division, and parenting choices in an atmosphere respectful of everyone’s interests.
For problems that resist a collaborative solution, there are different forms of negotiation, professional mediation or arbitration to resolve difficult issues without going to court. For many matters, the least desirable choice is litigation.
Legal separation is an action that results only in a formal decree of the rights and responsibilities of each spouse while they live apart. It does not dissolve the marriage. A separation agreement, adopted by order of the court, specifies division of debts, assets and parental rights and responsibilities– the same matters involved in a dissolution or divorce. Such a formal separation gives spouses time apart to consider their marriage while keeping in place various benefits that can end if the marriage ends. It also sets a pattern of agreements that are often followed for a divorce settlement, so it is wise to agree on terms that are acceptable in the long run. Some couples seek a planned separation as a more formalized way of working on marriage issues before they think seriously about divorce.

Annulment is a legal procedure for establishing that a marriage was never valid. The length of the marriage isn’t important. There are seven grounds for an annulment:
at least one party was underage;
the parties have a close blood relationship;
a party was still legally married at the time of the current marriage;
one party was unable to consummate the marriage (the first instance of sexual intercourse after the wedding);
one spouse lacked the mental capacity to enter into a marriage contract;
one person married under duress or by force;
one person entered into marriage fraudulently, concealing such things as criminal history, sexually transmitted diseases or impotence
All requests to end a marriage are done through the Family Courts. Information for them can be found in previous posts concerning family issues.

12 Comments

  • Careta Roberts
    Reply May 15, 2016 at 7:43 pm

    If am in jamaica don’t want to go back to Trinidad an Tobago but I get married in Trinidad an want a divorce how can I go about it

    • Tianna Patterson
      Reply May 16, 2016 at 4:23 pm

      Hi, for further information please contact one of our following offices:
      #43 Dundonald Street, Cor. Gordon and Dunald Streets
      Port of Spain, Trinidad
      Tel: 868 624-7257
      Tel/Fax: 868 623-5187
      Cell: 868 685-6301
      Email: MAG4LAW@hotmail.com

      #33 Bacolet Park
      Scarborough, Tobago
      Tel:868 639-1809
      Fax:868 639-1579

  • Rhonda
    Reply August 25, 2016 at 12:43 am

    Anonymous hi if my husband isn’t treating me good verbally and mentally abusing me and among other things and i want a divorce now is it going to take long?

    • Tianna Patterson
      Reply August 26, 2016 at 1:57 pm

      I am unsure of the question however 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

  • Anonymous
    Reply September 1, 2016 at 5:36 am

    If I am the abuser, can I file for a divorce ?

  • Emma
    Reply October 7, 2016 at 12:02 am

    Hi my ex and I went for our hearing on October 6th 2015 and the divorce was granted..he was supposed to return 6 weeks after but haven’t done so and calls to him were unsuccessful about the matter..can I come in and complete the process myself?? He was the pertioner

    • Tianna Patterson
      Reply October 7, 2016 at 1:58 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

  • ex wife
    Reply April 28, 2017 at 11:02 am

    Married in Tobago..separated and living apart for over 5 years now… I am in the UK husband in in Tobago..how can this divorce be resolved… how long would process take..We have no children or financial ties

    • Michelle Thompson
      Reply May 3, 2017 at 1:00 pm

      Good Morning,
      if 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

  • Mohammed
    Reply July 25, 2017 at 12:03 am

    I was separated for more than 30 years and I want a divorce there is no financial problem with my husband and me

  • J
    Reply July 23, 2020 at 9:25 pm

    Hi. My husband & I have been separated for 6yrs .I have been the sole provider for our 10yr old. How do I go about getting a divorce and full custody of my son.There is no property or finincal ties or agreement between us

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