Applying for divorce in Trinidad and Tobago

One ground and five supporting facts

Section 3 establishes one ground for divorce: irretrievable breakdown of the marriage. Section 4 requires proof of at least one supporting fact:

• Adultery by the respondent, coupled with the petitioner finding continued life together intolerable.
• Behaviour by the respondent such that the petitioner cannot reasonably be expected to live with them.
• Desertion lasting continuously for at least two years immediately before filing.
• Living apart continuously for at least two years immediately before filing, with the respondent consenting to the divorce.
• Living apart continuously for at least five years immediately before filing.

These are distinct legal routes. The two-year separation route expressly requires consent; the five-year route does not contain that requirement. Neither should be confused with simply agreeing that the relationship is over. Matrimonial Proceedings and Property Act, sections 3–4, pp. 9–11.

What a Trinidad and Tobago judgment explains

In Parker v Williams-Parker, FH 2044 of 2011, decided on 7 February 2013, Peterson J explained:

“A court cannot grant a decree unless it is satisfied of one of five facts”

Parker v Williams-Parker, FH 2044 of 2011 (7 February 2013) · Paragraph 14

The judgment also explains that, for a behaviour-based petition, the court considers the effect of the alleged behaviour on the particular petitioner and whether that person should reasonably be expected to continue living with it. Paragraph 6 identifies the civil standard of proof: the balance of probabilities. The practical lesson is to give clear, accurate particulars rather than rely on labels or a general statement that the marriage is unhappy. A disagreement about the allegations may require evidence to be tested. Judgment, paragraphs 6 and 14.

Timing and the court’s jurisdiction

A petition ordinarily cannot be presented during the first year of marriage. Section 5 permits a judge to grant early leave for exceptional hardship suffered by the petitioner or exceptional depravity by the respondent. The judge must also consider children’s interests and the prospects of reconciliation. Mc Nicolls v Mc Nicolls discusses this exceptional permission; it should not be assumed merely because the parties want an early divorce. Mc Nicolls v Mc Nicolls, HCA S-M-258 of 2003, paragraphs 1–3.

Jurisdiction is a separate question. Under section 2A(2), either spouse must be domiciled in Trinidad and Tobago when proceedings begin, or have been habitually resident here throughout the preceding year. Seek advice where residence or domicile is uncertain. Act, section 2A, p. 8.

From filing to a final divorce

The Judiciary’s public guide recommends first contacting the relevant Family Court to confirm the documents required. The application uses a petition explaining the basis for divorce, together with supporting documents. Its guide directs applicants to the Judiciary’s e-services system for filing.

The court provides a hearing date through a Notice of Proceeding, and the spouse receives the filed documents and hearing information. Follow the applicable service requirements and court directions carefully. The guide advises both spouses to attend and notes that mediation or counselling may be offered. Judiciary, Understanding Divorce, steps 1–4.

A decree nisi is provisional. The decree absolute finalises the divorce and requires a further application. Receiving the first order does not mean the process has finished. Judiciary, Understanding Divorce, step 5.

Before filing, prepare a chronology and a list of questions about children, housing and finances. Ask which matters need separate applications and what evidence should be preserved. Avoid assuming that one family’s timetable or outcome will apply to yours.

General information only, not legal advice or a prediction of any case outcome. Obtain advice on your circumstances and current filing requirements.