Divorce and separation, custody, access and maintenance, division of property, claims between unmarried partners, and protection orders — in the Family and Children Division of the High Court or the magistrates' court, and by agreement wherever agreement can be reached.
Which of these is you?
- A divorce you both want The petition, the paperwork, and the decree — properly done so that nothing has to be redone.
- A divorce one of you is contesting The petition, and then the real dispute over the children and the property.
- The children Custody, access and maintenance, whether or not you were ever married.
- The property The house and everything else — by agreement made into an order, or by the court.
- A partner, not a spouse The cohabitation claim, and the two-year clock running from the day you separated.
- Safety A protection order, before anything else.
Ask about this
Have a family matter?
Say whether you are married, whether there are children, and what the immediate problem is.
What this covers
- Divorce on the one ground the Matrimonial Proceedings and Property Act allows, proved by one or more of five facts
- Judicial separation where the marriage is over but a divorce is not wanted
- Custody and access where the children live, and how the other parent sees them
- Maintenance for children and for a spouse, and in limited cases for a former partner
- Division of matrimonial property the house, the savings, the pension, and who contributed what
- Cohabitational relationship claims property and maintenance for unmarried partners who qualify
- Protection orders under the Domestic Violence Act, when safety cannot wait
- Consent orders an agreement made an order of the court, so that it can be enforced
- Children's Authority matters where the Authority has become involved with a child
Handled elsewhere
How it works
Everything begins with a consultation. You set out where the relationship stands, whether there are children, and what there is to divide or protect. That conversation is for working out what outcome you want, what stands in the way of it, and the course that gets there with the least damage.
- Safety, then the position. Safety first; then where the marriage or relationship stands, what the children need, and what there is to divide.
- The application. The petition or application filed, and terms negotiated for a consent order wherever agreement is possible.
- The decree or order. A decree of divorce, or an order made by consent or after a hearing, and enforcement if an order is not kept.
In detail
Divorce
Under the Matrimonial Proceedings and Property Act there is one ground for divorce: that the marriage has broken down irretrievably. It is proved by one or more of five facts: that your spouse has committed adultery and you find it intolerable to live with them; that your spouse has behaved in such a way that you cannot reasonably be expected to live with them; that your spouse has deserted you for at least two years; that you have lived apart for at least two years and your spouse consents to the divorce; or that you have lived apart for at least five years, whether or not your spouse consents. A petition can be brought here if either spouse is domiciled in Trinidad and Tobago, or has lived here habitually for the year before it is filed. It cannot be filed in the first year of the marriage unless a judge first gives permission, and that is given only for exceptional hardship to you or exceptional depravity on your spouse's part.
Contested and uncontested divorces
Most divorces are not contested, and an uncontested divorce is paperwork done properly, in the right order, and waited for. A contested divorce is litigation, and the contest is almost never about the divorce. It is about the children and the property.
Children and property
Where there are children, the court decides on their welfare, not on either parent's claim to them, and the Children's Authority may be involved. Property is divided according to the court's judgment of what is fair; there is no automatic half and half. What each of you contributed counts, and running the home and raising the children is a contribution. The length of the marriage and what each of you will need afterwards count too.
Unmarried partners
Unmarried partners have rights too, but they have to qualify for them and act in time. The Cohabitational Relationships Act covers a man and a woman who lived together as husband and wife on a genuine domestic basis without marrying. The court can make an order if they lived together for five years, or have a child together, or if one made substantial contributions and it would be a grave injustice to make no order. Maintenance for a partner is narrower: there is no general right to it. It can be ordered only where you cannot support yourself adequately because you are caring for a child of the relationship, or of your partner, who is under twelve (or under eighteen if the child is physically disabled or mentally ill), or where the relationship has reduced your earning capacity and maintenance would let you train or study to increase it. An order lasts three years at most. The application must be made within two years of the separation. After that, the court will hear it only where refusing would cause undue hardship to you or a child of the relationship.
Safety comes first
Where there is violence or the threat of it, a protection order under the Domestic Violence Act comes first and comes quickly. Everything else waits until you are safe.
Which court
Divorce, the division of matrimonial property and property claims between unmarried partners are heard in the Family Court, part of the Family and Children Division of the High Court. Custody, maintenance and protection orders are heard there in some districts and in the magistrates' court in others. The Chief Justice has been moving these matters to the Family Court district by district, so which court serves you depends on where you live. Where agreement can be reached about the children, the house or the money, it is written up and made an order of the court, which the court can then enforce directly. Where it cannot, the matter is tried, and the court decides.
Questions
How do I file for divorce in Trinidad and Tobago?
By petition to the Family Court, on the ground that the marriage has irretrievably broken down, proved by one or more of five facts. One of you must be domiciled here, or have lived here habitually for the year before filing. You cannot petition in the first year of the marriage without a judge's permission, given only for exceptional hardship or depravity. An uncontested divorce is far simpler, but the paperwork still has to be right.
What are my rights as a common-law wife or husband?
If you lived together as husband and wife for five years, or have a child together, or made substantial contributions and refusing would be a grave injustice, the court can decide how property is shared under the Cohabitational Relationships Act. Maintenance for yourself is narrower: only while you care for a young child of the relationship or of your partner, or need training to rebuild your earning capacity, and for three years at most. Apply within two years of separating; after that, only where refusing would cause undue hardship.
How is property divided in a divorce?
By what the court judges fair. There is no automatic equal split. Contributions to the marriage, money and otherwise, including running the home and raising the children, the length of the marriage and each side's needs afterwards all weigh. An agreement between you, made an order of the court, is the alternative.
How much maintenance will I get, or have to pay?
There is no formula. It depends on the children's needs, each parent's means, and where the children live. Both parents are responsible for their children, whether or not they were ever married, though if you were not married, the father's paternity must be established before he can be ordered to pay. What you agree, or what the court orders, is set down so that it can be enforced.
Who gets custody?
Neither parent automatically. Under the Family Law (Guardianship of Minors, Domicile and Maintenance) Act, the child's welfare is the first and paramount consideration. Where the parents can agree, that agreement is made an order and the court does not have to choose.
How do I get a protection order?
Apply under the Domestic Violence Act to the Family Court or the magistrates' court, depending on the district. Where there is danger, the court can make an interim order quickly, and in an emergency the police can apply on your behalf. Safety first; the rest follows.
Can we agree everything between ourselves?
Yes, and it is usually the better route. What you agree is written up and made an order of the court, which the court can then enforce directly. A signed agreement can bind you even without that step, so take advice before you sign one. Arrangements for the children always remain subject to the court.