18 August

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ADULTERY

Adultery is the voluntary or consensual sexual intercourse between a married person (the husband or wife) and a person (a third party whether married or unmarried) of the opposite sex, not being the other’s spouse. It should be noted that homosexual intercourse or other forms of sexual activity not involving sexual intercourse do not constitute adultery; Dennis v Dennis [1955] P 153. Some territories require that divorce petitions relying on the fact of adultery make the alleged adulterer the co-respondent, while some territories at the discretion of the court can make the adulterer pay whole or part of the proceedings. The standard...

17 August

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SUMMARY OFFENCES ACT

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in Laws of Trinidad and Tobago

https://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/11.02.pdf...

17 August

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LIBEL AND DEFAMATION ACT

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in Laws of Trinidad and Tobago

https://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/11.16.pdf...

14 August

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Wives win equality Miller v Miller McFarlane v McFarlane House of Lords (England) (2005) EWCA Civ 984 (2004) EWCA Civ 872

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in Laws of Trinidad and Tobago

The House of Lords is the English counterpart to the Privy Council. It is by and large made up of the same judges and so its decisions are generally followed in T&T in those cases where the legal principles and statutes are the same. Recently, the Lords turned their attention to the entitlements of homemaker/wife on a divorce and in a judgment that the London Times referred to as the most important divorce judgment in 20 years, shifted the goal posts substantially in her favour. The principles that they laid down were as follows: 1. The division of property following a divorce...

14 August

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STEPS TO GETTING A DIVORCE IN TRINIDAD AND TOBAGO

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in Laws of 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...

14 August

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WAYS TO END A MARRIAGE IN TRINIDAD AND TOBAGO

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in Laws of 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. 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,...

12 August

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Wilson v. Medical Associates Ltd. and Dunn JM 2009 SC 59

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in MEDICAL COMPLAINTS COUNCIL CASES

Name of Case: Wilson v. Medical Associates Ltd. and Dunn JM 2009 SC 59 Type of Medical negligence: mental disability of minor Date of Judgment: June 18, 2009 Judge Presiding: King J Country: Jamaica Case Summary The claimant, Stephen Wilson, then five years old, underwent surgery at the Medical Associates Hospital which was operated by the first defendant. The second defendant, Dr. Brendan Dunn, was the anesthetist in attendance at the surgery. On completion of the surgical operation which was a circumcision, the claimant went into cardiac arrest resulting in severe brain damage. At the date of the trial Stephen was twenty-four years old and there has been no...

11 August

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INTERNATIONAL CHILD ABDUCTION ACT CHAPTER 12:08

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in Laws of Trinidad and Tobago

https://rgd.legalaffairs.gov.tt/laws2/alphabetical_list/lawspdfs/12.08.pdf[pdf-embedder url="https://martingeorge.net/v2/wp-content/uploads/2015/08/International-Child-Abduction-Act.pdf" title="International Child Abduction Act"]...

11 August

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CHILD ABDUCTION

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in Laws of Trinidad and Tobago

What is Child Abduction? Child Abduction is the offense of wrongfully removing or wrongfully retaining, detaining or concealing a child or baby. Abduction is defined as taking away a person by persuasion, by fraud, or by open force or violence. There are two types of child abduction: parental child abduction and abduction by a stranger. Parental child abductions are the most common type. When one parent abducts his/her child(ren) from the other parent it is often during or after a divorce action and is meant to circumvent the court or act in defiance of a court order regarding legal custody of the...

10 August

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DOMESTIC VIOLENCE—WHAT YOU SHOULD KNOW

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in Laws of Trinidad and Tobago

The Domestic Violence Act Chap. 45:56 is intended to provide immediate and just relief to victims of domestic violence. The act was passed in 1999 and widened the scope of protection to victims of abuse beyond the infliction of physical violence. Prohibited conduct Domestic violence under the act is defined as physical, sexual, emotional, psychological or financial abuse committed by a person against a spouse, child, any other member of the household or a dependant. Conduct coming within the category emotional and psychological abuse include abusive language, action which can be loosely termed “stalking,” persistent telephone harassment, intimidation and so on. Financial abuse...

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