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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."

24 comments:

  1. 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

    ReplyDelete
    Replies
    1. Providing proof is irrelevant as long as it's true.

      Delete
  2. 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?


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

      Delete
  3. 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.

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

      Delete
  4. 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?

    ReplyDelete
    Replies
    1. 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

      Delete
  5. 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 ?

    ReplyDelete
    Replies
    1. 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.

      Delete
  6. 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

    ReplyDelete
    Replies
    1. 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.

      Delete
  7. 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.

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

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

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

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  10. there is a time frame in my life when I was married to two women at the same time though it was known to both of them and was done only after due permission from first wife. Current status is that my first wife has divorced me and second wife is still married to me. Can anyone else than my first wife (like any f her relative, friend or state) initiate bigamy charges against me?

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  11. if someone got married in Jamiaca in 2012 and then married in Trinidad in 2016 and cannot prove he was divorced but there are correspondences stating that they are still married what can the second wife do since she was unaware at the time. and is the second marriage valid?

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  12. How do you find out if someone was married before in Trinidad and Tobago without there knowledge is that legal

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  13. If a man is still legally married but separate and living with someone else common law have children with her,if this man is to die still being legally married but he left a will could his wife claim anything that he left for his common law woman and children?

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  14. Hello, I am tryin to locate someone who has been in hiding for the past 7 years! How can I locate them?

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  15. Hello I have been looking for someone for the past 7 years, I am unsure if they are alive and where they are located, can you point me in the right direction?

    ReplyDelete
  16. Hello I have been looking for someone for the past 7 years, I am unsure if they are alive and where they are located, can you point me in the right direction?

    ReplyDelete

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