Getting Divorced Part One
A quick guide to commencing Divorce Proceedings in Trinidad and Tobago
There’s an old saying that everyone wants to go to heaven but no one wants to die. That may be true but I would also add that generally everyone wants to get married but no one wants to get a divorce. It is a costly exercise that can be emotionally and financially exhausting. Ideally, all efforts at reconciliation should have failed before consideration is given to getting a divorce. Unfortunately, the statistics show that many marriages are likely to end in divorce and it is for this reason that I decided to put together a guide to commencing divorce proceedings specifically in the Trinidad and Tobago context. As you would appreciate, it would not be possible for me to give a detailed exposition of every aspect of the law in relation to divorce and I’ve deliberately written this article as a bare-bones introduction. It is also important to appreciate that divorce proceedings are very fact sensitive and the outcome of your matter will be determined by the facts that are presented to the court.
Statutory Framework
The substantive law governing divorce proceedings in Trinidad and Tobago is found in the Matrimonial Proceedings and Property Act Chap 45:51 (“the Act”). The procedural law is found in the Family Proceedings Rules(not dealt with in this article).
Important Terminology to Note
The Petitioner means the person who is applying to the court for a divorce.
The Respondent is the person who is responding to or defending the petition.
Divorce petition refers to the document filed in the Family Court in order to commence divorce proceedings.
Absolute Bar to Divorce
According to section 5(1) of the Act except in the case of extreme hardship, the general rule is that a divorce petition cannot be presented before the expiry of one year from the date of marriage.
Ground of Divorce
The sole ground of divorce is that the marriage has broken down irretrievably. It is therefore inaccurate to state that one has “grounds for divorce”. Rather the Act provides five facts that may be relied upon by a petitioner seeking to prove the breakdown of the marriage.
Proof of Breakdown
This is very important so kindly indulge me as I quote directly from the legislation. The Act states:
“Section 4 (1) The Court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the Court of one or more of the following facts:
(a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
(c) that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
(d) that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted;
(e) that the parties to the marriage have lived apart for a continuous period of five years immediately preceding the presentation of the petition.”
Documents required
If you are commencing divorce proceedings you will need to file a divorce petition. This is to be accompanied by your marriage certificate. The petition follows a prescribed format and it is advisable that you retain the services of an Attorney-at-Law to walk you through this process. If you are the Respondent to a petition, you have the option of consenting to the divorce. If you wish to contest the divorce, you may file an Answer. If you are not contesting the grant of the divorce, but you simply wish to put forward your version of events you can file an Answer and Cross Petition. In such instances, the court would normally grant a mutual decree to both parties.
To be continued.
Disclaimer: This article is written for informational purposes only and should not be construed as legal advice or as giving rise to an attorney-client relationship.
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Follow me on Medium Colin Denoon and on Twitter @ColinDenoon. Send questions, suggestions, and comments to colin.denoon@gmail.com.