In Trinidad and Tobago, a husband and wife can legally end their marriage by obtaining a divorce based on the ground that it has 'broken down irretrievably'. To file a petition at the family court, proof of irretrievable breakdown must be provided, which can be demonstrated through various criteria such as adultery, unreasonable behavior, separation, or mutual agreement. The process includes obtaining a 'decree nisi' followed by a 'decree absolute' after six weeks, with considerations for custody and property disputes handled separately.

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