How long does a divorce take in Trinidad and Tobago, and what does it cost?

The steps in an undefended divorce

1. File the petition in the Family Court (Family and Children Division Act 2016, s 9(1)) with the marriage certificate, a statement of arrangements for each child of the family who is under 16, or under 18 and in education or training, and a reconciliation statement (Family Proceedings Rules 1998, rr 9.1(4), 9.6).
2. Serve your spouse. You may not serve the petition yourself (r 6.2). The rules set out the permitted methods of service and the time limits for serving (rr 6.2, 6.2A).
3. Your spouse responds. Your spouse has 8 days from service to give notice of intention to defend (r 10.3), and a further period set by the rules to file an answer (r 19.3).
4. The directions hearing. The court fixes it for a date normally within 8 weeks of issue (r 13.3). If your spouse has been served and is not defending, and you prove a fact, the decree nisi is generally pronounced at that hearing (r 17.3).
5. The decree absolute. You can apply 6 weeks after the decree nisi, or sooner if the court fixes a shorter period by special order (Matrimonial Proceedings and Property Act (Chapter 45:51), s 17(1); r 30.6(1)). You may remarry once it is made and the time for any appeal has passed (s 17(5)).

These are the steps under the Family Proceedings Rules 1998, which apply to divorces in the Family Court (Family and Children Division Act 2016, s 19).

What can hold up the decree absolute

• Children. The court must first declare, by order, that the arrangements for each child of the family who is under 16, or under 18 and in education or training (and any other child the court directs), are satisfactory or the best that can be devised, or that one of the other statutory exceptions applies (s 47). Whenever practicable, the court deals with this at the directions hearing (r 16.6). A decree absolute made without that order is void (s 47(3)).
• Separation cases. Where the divorce rests only on 2 or 5 years' separation, your spouse can ask the court to consider his or her finances first. The decree absolute then waits until the court is satisfied about financial provision for your spouse, unless there is good reason to make it absolute without delay and you give the court a satisfactory undertaking to make provision (s 11; r 30.6(6)).
• Appeals. It cannot be made absolute while an appeal or an application for rehearing is pending, or before the time for appealing has run out (r 30.6(6)).
• Delay. If you wait a long time after the decree nisi, the court may ask you to explain the delay (r 30.6). If you do not apply at all, your spouse may apply instead after a period (s 17(4)).

Defended cases, money and property

If your spouse files an answer, the court sets a timetable for disclosure and evidence and fixes a trial, so the divorce takes much longer (rr 16.7, 19.12, 19.13).

Claims for maintenance, lump sums and property (financial relief, often called ancillary relief) are separate applications. They can be started any time after the petition (s 34(1)). The court can order maintenance for a spouse while the case is pending (maintenance pending suit) and maintenance for the children at any stage (ss 23, 25). Final orders for periodical payments, lump sums or property between the spouses are generally made on or after the decree nisi, and take effect when the decree is made absolute (ss 24, 26). Each side files an affidavit of income, assets and liabilities (rr 12.3, 12.8), and a contested claim needs disclosure and a hearing. These claims, and disputes over custody and access, usually take longer than the divorce itself and account for most of the cost.

Make these claims before you remarry. Remarrying can bar a claim for financial provision against a former spouse (s 29).

What it costs

• Court fees are prescribed by the rules (r 36.12, Appendix B). Check the current amounts with the court office.
• Attorney's fees depend on how much is disputed and for how long.
• Legal aid may be available for divorce proceedings, subject to a means test, and you may have to pay a contribution (Legal Aid and Advice Act (Chapter 7:07)).
• Mediation, or help from the court's social services unit, costs nothing when the court makes the referral (Family Proceedings Act (Chapter 46:09), s 5(1)).

Agreement on the children and the money cuts both time and cost.