Divorce Law in Trinidad and Tobago
Divorce in Trinidad and Tobago is governed by the Matrimonial Proceedings and Property Act, Chapter 45:51. The sole ground for divorce is the irretrievable breakdown of the marriage, established through one of five facts:
- Separation for one year — where both parties consent to the divorce
- Separation for two years — where only one party applies
- Unreasonable behaviour — conduct making it unreasonable to expect continued cohabitation
- Desertion — the respondent deserted the applicant for at least two years
- Adultery — the respondent committed adultery and the applicant finds it intolerable to live with them
Once the ground for divorce is established, the court deals with ancillary matters: the division of matrimonial property, custody and access arrangements for children, spousal maintenance, and child maintenance. These are often the most complex and contested aspects of the proceedings.
Matrimonial Property: What Happens to the House?
T&T courts have wide discretion in dividing matrimonial assets. There is no automatic equal split. The court weighs each party's financial contributions, non-financial contributions (including homemaking and childcare), the duration of the marriage, and the future needs of both parties.
A spouse who was not in paid employment during the marriage can still have a strong claim to the family home and other assets. Equally, a spouse whose name is not on the title deed may still have enforceable rights. Early legal advice is essential — actions taken or not taken before formal proceedings begin can significantly affect what is recoverable.
Child Custody and Access
Where children are involved, the court's overriding concern is the best interests of the child, as set out in the Children Act 2012. The court can make orders for sole custody, joint custody, residence, and contact. The child's age, existing bonds with each parent, expressed wishes (depending on age), and any risk factors including domestic violence are all considered.
Spousal and Child Maintenance
Spousal maintenance may be ordered where one party cannot adequately support themselves after the breakdown. Child maintenance is separate — both parents have a legal obligation to financially support their children regardless of the custody outcome. Courts can set and vary maintenance orders as circumstances change.
Cross-Border Divorce: Overseas Clients
Many Trinbagonians living in the UK, Canada, and the United States need to divorce through the T&T courts — particularly where the marriage was registered in Trinidad and Tobago or where assets remain on the island. Martin George & Company handles cross-border divorce matters and can represent overseas clients through a Power of Attorney arrangement, minimising the need for travel.
Frequently Asked Questions
How long does a divorce take in T&T?
An uncontested divorce typically takes 12–18 months from filing. The process begins with confirming eligibility (the separation period), filing the petition in the Family Court, and progressing through the prescribed stages. Contested matters take longer.
Do I need to go to court in person?
For straightforward uncontested divorces, your attorney can handle much of the process on your behalf. Contested hearings — particularly those involving custody disputes or contested property — are more likely to require your attendance at some stage.
Can I get a divorce without a lawyer?
Technically yes for simple uncontested matters, but the Family Court proceedings in Trinidad and Tobago have procedural requirements that are easy to mishandle without legal guidance. Mistakes in filing or service can significantly delay your matter. For anything involving property, children, or a contested respondent, professional representation is strongly recommended.