Sunday, 5 June 2011

Trinidad and Tobago Bigmay Law

Q: Hi, in Trinidad and Tobago what is the law for getting married to someone else while still married?




A: What you described is called "bigamy". According s.55(1) of the Offences Against The Person Act Chapter 1925, as amended: "Any person who being married, marries any other person during the lifetime of the former husband or wife, whether the second marriage has taken place in Trinidad and Tobago or elsewhere, is liable to imprisonment for four years."

Section 55(2) of the Act also states that: "Nothing contained in this section shall extend to any person marrying a second time whose husband or wife has been continually absent from such person for the space of seven years and has not been known by such person to be living within that time or shall extend to any person who, at the time of the second marriage or to any person whose former marriage has been declared void by the sentence of any court of competent jurisdiction."

17 comments:

Anonymous said...

Good day,

if someone is registering to get married and said he is a bachelor and did not mention that he was married before and did not show any divorce papers from former marriage. I this new marriage legal?? Thanks

Trinbago Rights said...

Providing proof is irrelevant as long as it's true.

Anonymous said...

Hi,
What does the law state with regard to the rights of a legally married spouse whose husband has declared himself the common law spouse of another, even while no divorce proceedings have ever been entered into or even discussed. Does the common law wife have a right to property in this situation?

If Bigamy is against the law, and a legal re-marriage requires a divorce, why is a common law relationship allowed to be registered while a living wife exists?


Trinbago Rights said...

A common law relationship cannot be registered before the divorce is final. That's illegal, and no she is not entitled to anything.

Anonymous said...

Let's say ...a woman leaves her married husband because of domestic abuse and starts making a family home by living common law with another man. She has been with this person in this common law relationship for the past 19 years and has 2 children. Her married husband dies. Can I, being his sister, make a claim on his estate since I was there for him emotionally and financially? Or will his legal wife have "all" claims on his estate? He wanted her to come back to him so he did not divorce her.

Trinbago Rights said...

You can make a claim to half... but you'll have to act quickly to get the Letters of Administration sorted out.

Anonymous said...

if one is married in T&T.. and marry someone in the U.S. question can a divorce proceedings take place without the other knowing?

Trinbago Rights said...

You can't be married to two people at the same time and no, you can't divorce in secret, unless it's based on 5-year separation and you don't know where the person currently resides

Anonymous said...

I got married in 2002 however in 2006 we separate because of infedility on his part however we was never issue a marriage certificate every u go to collect it they states that it not ready so years pass never really got a feed back on it I am in common law relationship my bf ask me to get married legally so before I do so I went back to legal affairs to find out about the certificate I thinking to myself maybe previous marriage wasn't register thats why we wasn't isssue one low and behold its registered and on d system but had an error that need to clarify I contact my ex husband telling him about it ans he states we are not married and that I am jealous because he has a gf etc later on I learn that he is married legally to his new wife and we hasn't get a divorce although we separate over 7 yrs is that still bigamy and what should i do ?

Trinbago Rights said...

Your husband has committed bigamy and you should report him and make him face the consequences.

You need to get a divorce before getting married.

Jeanelle Armour said...

if i marry someone from Jamaica who claimed to have been divorced now as we are approaching our first anniversary his wife calls me and tells me she never signed any divorce papers also i found out he has sent almost half a million TT dollars to build a house which she is currently residing in i am concerned that the authorities may say i was accessory to this what are my options and what can i do we were married under Muslim rights here in Trinidad can anyone advise me

Trinbago Rights said...

Her not signing, doesn't mean that they're not divorced. You need to first find out if they're still married. Ask him for the divorce decree.

Anonymous said...

MY husband is in st Vincent our kids and i have been in Trinidad for 2 1/2 years he has a another child and wants to get married but I am not giving him a divorce. He says he is Muslim now. What are my rights? Im in Trinidad studying and doesn't want to maintain me and he sends some money now and again for the children.

Trinbago Rights said...

He doesn't need your permission to get a divorce. He doesn't live here, so you cannot enforce anything on him.

Anonymous said...

Hi if someone marries abroad and he or she came back Trinidad and marry someone else what is the consequences of that?

Trinbago Rights said...

Bigamy.

Anonymous said...

If I know that someone has remarried without divorcing their 1st wife, can I make an anonymous report to a Ministry?