If a marriage breaks down, a husband and wife may legally end their relationship by obtaining a divorce. One of the primary objectives of the HWLS Human Rights Law Clinic is to help the general public to understand how the law works and how it can protect average person. In our first "Know The Law" video, we explain the basics of how a divorce can be obtained in Trinidad and Tobago. The law on this area is set-out in the Matrimonial Proceedings and Property Act Chap 45:51. A divorce petition cannot be presented until one year of marriage has passed, unless there are extreme circumstances. This information is not intended to give legal advice. If you have a legal problem or require legal advise, please consult with an attorney-at-law.

1. THE
KNOW
LAW

2. DIVORCE

3. If a marriage
breaks down, a
husband and wife
may legally end
their relationship
by obtaining a
divorce.

4. There is ONE ground for divorce
in Trinidad and Tobago: that
the marriage has “broken
down irretrievably”.
There are several ways of
proving this irretrievable
breakdown, which will affect
how a “petition” is filed in court.

5. The “petition”must be filed at the
Family Court along with an original
marriage certificate.
If there are children under the age
of 18, or who are still attending
school or university, or who have a
disability, a “Statement of
Arrangements” for the children must
be filed along with the petition.

6. As a “Petitioner”, you must be able to
prove the irretrievable breakdown of
the marriage in one of the following
ways:
Your spouse has committed
adultery and you find it intolerable
to live with him/her; or#1

7. As a “Petitioner”, you must be able to
prove the irretrievable breakdown of
the marriage in one of the following
ways:
your spouse has behaved in such a
way that you cannot reasonably be
expected to live with him/her; or#2

8. As a “Petitioner”, you must be able to
prove the irretrievable breakdown of
the marriage in one of the following
ways:
your spouse has deserted you for a
continuous period of at least two
years immediately before your
petition is filed; or
#3

9. As a “Petitioner”, you must be able to
prove the irretrievable breakdown of
the marriage in one of the following
ways:
you and your spouse have lived
apart for a continuous period of at
least two years immediately before
your petition is filed and your
spouse agrees to get a divorce; or
#4

10. As a “Petitioner”, you must be able to
prove the irretrievable breakdown of
the marriage in one of the following
ways:
you and your spouse have lived
apart for at least five years
immediately before your petition is
filed. Your spouse’s agreement is
not necessary in this instance.
#5

11. After the court has heard
and considered the
petition for divorce, it will
usually grant the divorce
in two stages:
Firstly, the court will grant
what is known as a
‘decree nisi’.

12. After 6 weeks have passed,
you can apply for a
‘decree absolute’.
This is the final declaration
that you are legally
divorced from your spouse,
and you are then free to
re-marry.

13. Where there is a dispute
regarding the custody of
children, maintenance, or
matrimonial property
settlement, a separate
application may have to
be made to the court.

14. The information provided here is not intended to give legal
advice. Should you require legal representation or advice, please
consult an attorney-at-law.
DIVORCE
THE
KNOW
LAW