Divorce and Matrimonial Property Division in Trinidad & Tobago: Complete Family Court Guide
Comprehensive guide to divorce in Trinidad and Tobago under the Matrimonial Proceedings and Property Act: the 5 facts of breakdown, Family Court steps, and common-law rights.
Matrimonial dissolution and property division in Trinidad and Tobago are governed by the Matrimonial Proceedings and Property Act (Chap. 45:51) and administered through the specialized Family Court of Trinidad and Tobago. Understanding how the court evaluates marital breakdown, financial maintenance, and property settlements is crucial for protecting your legal rights.
1. The Sole Ground and the Five Statutory Facts
In Trinidad and Tobago, the sole ground for divorce is that the marriage has broken down irretrievably. However, unlike jurisdictions that rely purely on a 12-month no-fault separation, a petitioner in Trinidad and Tobago must prove irretrievable breakdown by establishing at least one of five statutory facts:
- Adultery: The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.
- Unreasonable Behavior: The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them (the most common ground used for immediate filing).
- Desertion: The respondent has deserted the petitioner for a continuous period of at least two (2) years immediately preceding the petition.
- Two Years’ Separation With Consent: The parties have lived separate and apart for a continuous period of at least two (2) years AND the respondent consents to a decree being granted.
- Five Years’ Separation Without Consent: The parties have lived separate and apart for a continuous period of at least five (5) years (no consent required from the respondent).
Under Section 5 of the Act, no petition for divorce may be presented to the court before the expiration of one (1) year from the date of the marriage, unless the applicant obtains special leave from a Family Court Judge on grounds of exceptional hardship or depravity.
2. How Matrimonial Property is Divided in Trinidad & Tobago
Unlike Jamaica’s fixed 50/50 statutory starting presumption for the family home, Trinidad and Tobago follows a flexible discretionary approach under Section 27 of the Matrimonial Proceedings and Property Act. When dividing assets or ordering lump-sum payments, the High Court evaluates all circumstances of the case, including:
- The income, earning capacity, property, and financial resources of each spouse.
- The financial needs, obligations, and responsibilities each spouse has or is likely to have in the foreseeable future.
- The standard of living enjoyed by the family before the breakdown of the marriage.
- The age of each party and the duration of the marriage.
- Direct and Non-Financial Contributions: Crucially, the court gives full weight to contributions made by a homemaker spouse in looking after the home and caring for the family.
3. Rights of Common-Law Partners (Cohabitational Relationships Act)
Unmarried couples living together in Trinidad and Tobago are protected under the Cohabitational Relationships Act (Chap. 45:55). A cohabitant can apply to the court for property adjustment orders and maintenance if:
- The couple lived together in a bona fide cohabitational relationship for not less than five (5) years; OR
- They have a child arising out of the relationship; OR
- The applicant made substantial financial or physical contributions to the property or welfare of the partner.
- Strict Limitation Period: An application under the Cohabitational Relationships Act must be filed within two (2) years of the day the couple ceased living together!
Frequently Asked Questions
How long does an uncontested divorce take in Trinidad and Tobago?
Through the Family Court in Port of Spain or San Fernando, an uncontested divorce typically takes 4 to 8 months from filing the petition to obtaining the Decree Absolute.
How long after the Decree Nisi can I apply for the Decree Absolute in Trinidad?
Once the court pronounces the Decree Nisi, the petitioner can apply to make the decree absolute after six (6) weeks, provided the judge is satisfied with arrangements for any minor children.
Can a wife or husband claim maintenance before the divorce is finished?
Yes. Either party can apply for ‘Maintenance Pending Suit’ (interim spousal support) and interim child maintenance immediately after filing the divorce petition.
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