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Monday 6 May 2013

Ways to end a marriage in Trinidad and Tobago

 Q: What are the legal grounds for an Annulment in Trinidad & Tobago? How are they different from the reasons for a divorce? How to proceed to obtain an Annulment?


A: There is no law that forces you to end your marriage in a certain way. You can end as partners or as adversaries, fighting in court or agreeing in court, breaking the bank or limiting your emotional and financial damage. And at any time, you can change your mind.

Dissolution is cooperative. It is the legal way of agreeing on all issues and moving on. It is completely private and in your control, but for the final judgment which is part of the public court record.
  • Procedure:  First, a written separation agreement outlining mutual understanding on property, support, and parenting responsibilities. Second, a petition for dissolution, which is a request that the court legally end the marriage in accordance with your separation agreement. You may have to attend a hearing, but in most cases it is not necessary.

Divorce is the when the parties are not in agreement on one or more issues. A divorce requires "grounds for a divorce" (see post on divorce). Usually, if you file and your spouse does not respond within twenty-eight days of being served with formal legal notification, your divorce will generally be considered uncontested. The petitioner will then have to apply to the court for the divorce to proceed and a hearing for the decree nisi will be set. In general, divorce means that the partners have issues they have so far been unable to resolve. It does not necessarily mean that you will be antagonists. There are many other possibilities: 
  • You may choose a collaborative divorce, where both parties and their attorneys sit down to resolve issues together, privately and outside the courtroom. You and your former spouse decide on support, property division, and parenting choices in an atmosphere respectful of everyone’s interests.
    For problems that resist a collaborative solution, there are different forms of negotiation, professional mediation or arbitration to resolve difficult issues without going to court. For many matters, the least desirable choice is litigation.
Legal separation is an action that results only in a formal decree of the rights and responsibilities of each spouse while they live apart. It does not dissolve the marriage. A separation agreement, adopted by order of the court, specifies division of debts, assets and parental rights and responsibilities– the same matters involved in a dissolution or divorce. Such a formal separation gives spouses time apart to consider their marriage while keeping in place various benefits that can end if the marriage ends. It also sets a pattern of agreements that are often followed for a divorce settlement, so it is wise to agree on terms that are acceptable in the long run. Some couples seek a planned separation as a more formalized way of working on marriage issues before they think seriously about divorce.

Annulment is a legal procedure for establishing that a marriage was never valid. The length of the marriage isn’t important. There are seven grounds for an annulment:
  1. at least one party was underage; 
  2. the parties have a close blood relationship; 
  3. a party was still legally married at the time of the current marriage; 
  4. one party was unable to consummate the marriage (the first instance of sexual intercourse after the wedding); 
  5. one spouse lacked the mental capacity to enter into a marriage contract; 
  6. one person married under duress or by force; 
  7. one person entered into marriage fraudulently, concealing such things as criminal history, sexually transmitted diseases or impotence


All requests to end a marriage are done through the Family Courts. Information for them can be found in previous posts concerning family issues.

216 comments:

  1. Gemstar- I married a man last year to find out the next day he was gay and trying to get a British passport. I'm almost blind and sick too. In the uk they said it's a marriage of sham and that it's automatically ended. He claims he never put the certificate in but I don't trust him at all

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  2. Private I'm a us citizen that married my Trinidad girlfriend of 8 months less than a week ago I'm having issues with her ex calling and being disrespectful can I end this marriage sooner than later

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  3. I never knew people still have powers and make things happen this way. My name is Sandra Mari am from United states, my boyfriend Henry Scot left me for another girl for three months ever since then my life have been filled with pains sorrow and heart break because he was my first lover , A friend of mine Stephanie told me she saw some testimonies of this great Dr.Adoda that he can bring back my lover within some few days, i laugh it out and said i am not interested but because of the love my friend had for me, She consulted the great priest on my behalf and to my greatest surprise after three days my boyfriend called me for the very first time after three months that he is missing me and that he is so sorry for everything he made me pass through. i still can't believe it, because it highly unbelievable it just too real to be real. Thank you Dr.Adodau for bringing back my lover and also to my lovely friend who interceded on my behalf, for anyone who might need the help of this great priest here is the email address: ( adodalovespelltemple@gmail.com )

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  4. Goodnight, my husband and i are living apart. He is currently living with another woman which i dont find is a good influence for my girls as she has alot of naked pictures on social media some with him. I have our girls which he promises to come see but never shows up. He also does not send any finances for them. And threatens to take me to court fr access to see them which indont understand because i always let him make the date and time. What can i do to protect my girls as i dont trust him. We have a hoise and car together which i made all the payments through my job. My neighbours saw him taking stuff from the house when i enquired he said ppl were stealing so i changed the locks on the house. Now he says i locked him out. He is constantly playing games with me. Our girls are fed up of his broken promises and does not want to see him anymore. What should i do ?

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  5. Goodnight, my husband and i are living apart. He is currently living with another woman which i dont find is a good influence for my girls as she has alot of naked pictures on social media some with him. I have our girls which he promises to come see but never shows up. He also does not send any finances for them. And threatens to take me to court fr access to see them which indont understand because i always let him make the date and time. What can i do to protect my girls as i dont trust him. We have a hoise and car together which i made all the payments through my job. My neighbours saw him taking stuff from the house when i enquired he said ppl were stealing so i changed the locks on the house. Now he says i locked him out. He is constantly playing games with me. Our girls are fed up of his broken promises and does not want to see him anymore. What should i do ?

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  6. If separated for eight years ,but have kids outside marriage is it possible to get divorce without fighting for land etc.and how long will a divorce take

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  7. I have been married 5years and separated 7 months because of his mom and he dont want to rent or leave. i want a divorce I dont want any thing from my husband we have a 4 year child can I seek legal aid to assist me.

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  8. I have been trying to find a way to contact you. Please advise

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  9. If separated for more than 10 years are you entitled to anything if the other person dies????

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  10. How do i win my ex back from another woman,My name is Kimberly Nicholas from Sydney,. I never believed in love spells or magic until i met this spell caster once when i went to Africa in February this year on a business summit. I meant a man who’s name is (Great Matatan powerful Spell ), he is really powerful and could help cast spells to bring back one’s gone, lost, misbehaving lover and magic money spell or spell for a good job or luck spell .I’m now happy & a living testimony cos the man i had wanted to marry left me 3 weeks before our wedding and my life was upside down cos our relationship has been on for 4 years. I really loved him, but his mother was against us and he had no good paying job. So when i met this spell caster, i told him what happened and explained the situation of things to him. At first i was undecided, skeptical and doubtful, but i just gave it a try. And in 7 days when i returned to Sydney, my boyfriend (now husband) called me by himself and came to me apologizing that everything had been settled with his mom and family and he got a new job interview so we should get married. I didn’t believe it cos the spell caster only asked for my name and my boyfriends name and all i wanted him to do. Well we are happily married now and we are expecting our little kid, and my husband also got the new job and our lives became much better. His email is:(  matatanspell@yahoo.com .  )  

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  11. Hey my husband walked out on the marriage and we were presently renting which we would buy the rent half half could I bring him up for alimony now that I have to paya y the whole thing

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  12. Hi I've been married for 1year and 2months now, on the 22nd of September[last month] my husband physically abused me in front of my kids[ not his kids.. ages 10 and 7] I packed an overnight bag for my kids and I to sleep by a female friend of mine, when I returned home I noticed that he moved out. We have been living in a rental apartment one month before we got married until now, I have been pregnant for an entire year [4 pregnancies...3 miscarriages and 1 abortion which I was forced to do] so I have been unemployed and dependant on him, two weeks ago we spoke for the first time via phone since he left and he said that he not coming back . Can I request a divorce on grounds of abandonment? Am I entitle to anything financially? What are my rights? if

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  13. Hi everyone, I am Sharon. from Poland I want to use this medium to appreciate Dr Ogbeifun the great black magic death spells caster for the successful death spells he cast on someone for me. I contacted him when my husband left me for another woman who uses witchcraft power to take my husband. I was desperately in need of help when I found his contacts online about his genuine powers. I told him my situation and how I wanted the bitch who took my husband gone. He told me not to worry. He cast the death spells ritual on her and the bitch died in her sleep within 24hours. Now my husband is back home and we are living happily. Thank you so much Dr Ogbeifun, You are so real and true. Below is his contacts in case you want to contacts him
    Call/WhatsApp: +2348102574680 Email: ogbefunhearlingtemple@gmail.com 

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  14. Hi! Thanks to dr Oselumen for helping me out with my relationship problem, i was having issues with my husband, which led to breakup ‘so happy’… that dr Oselumen was able to bring my husband back home. contact him if you may need urgent help in your relationship problems via email.droselumen@gmail.com or whatsapp/call his number: +2348054265852.
     LOVE SPELL,LOTTERY,PREGNANCY SPELL, DIVORCE SPELL,STOP COURT CASE AND WIN ANY COURT PROBLEM,DEATH SPELL,BUSINESS SPELL AND MANY MORE YOU MAY NEED

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  15. Hello, have a question, I am married and I have a marriage settlement which is made in The Netherlands, is that marriage settlement also valid for Trinidad and Tobago ?

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