Getting Divorced Part Two
Custody of Minors and Property Settlement
In the first part of this series, I gave a brief overview of the law surrounding the commencement of Divorce Proceedings in the Republic of Trinidad and Tobago. In case you missed it, here’s the link:
In this final installment, I focus on Custody of Minors and Property Settlement.
Custody of Minors
According to section 47 of the Matrimonial Proceedings and Property Act Chap 45:51 (“the Act”), the Court will not grant an absolute decree of divorce unless it is satisfied that suitable arrangements have been made concerning the children of the family. It is important to note that the court is not limited to making orders concerning children of the marriage but also with respect to children that either party came into the marriage with who were treated as children of the family during the course of the marriage. The Court is empowered to grant custody of minor children to either of the parents and then grant access to the other parent. Access normally involves the children spending time with the non-custodial parent on alternate weekends and for half of the school vacations.
Property Settlement
Another issue that the court is often tasked with addressing is the settlement of the matrimonial assets in general and the matrimonial home in particular. In Trinidad and Tobago, there is no presumption of equality in the distribution of matrimonial assets(see the case of Persad v Persad CA Civ 130/2008). In respect of the matrimonial home, there are several orders which the court may make in the alternative. The court may order that one party occupy the matrimonial home together with the children until they attain the age of majority.
The court may also order that the property be sold and the proceeds of the sale are shared proportionately between the parties. Finally, the court may also vest the matrimonial home in both parties as tenants in common. The order that the court makes will be determined by the circumstances of the case with particular reference to the contributions that either party would have made during the course of the marriage.
There is much more that could be said concerning the law applicable to divorce proceedings in Trinidad and Tobago. However, if you are contemplating getting a divorce or have been served with a divorce petition, do seek legal advice as soon as possible. This will be in your best interest.
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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