10/10/2022
Know the Law:
Anyone has this thought in their mind?
"I want to get a divorce but I don't know the law and if I meet the requirements for getting a divorce"
One of the main legislation governing divorce proceeding is the Matrimonial Proceedings and Property Act Chap 45:51 (MPPA).
Section 2A (2) MPPA
The Court shall have jurisdiction to entertain proceedings for divorce or judicial separation if (and only if) either of the parties to the marriage—
(a) is domiciled in Trinidad and Tobago on the date when the proceedings are begun; or
(b) was habitually resident in Trinidad and Tobago throughout the period of one year ending with that date.
So my friends the court will only hear divorce proceedings after one year.
But what are the grounds for a divorce:
The Ground for Divorce
Section 3 MPPA
After the commencement of this Act the sole ground on which a petition for divorce may be presented to the Court by either party to a marriage shall be that the marriage has broken down irretrievably.
However, there must be proof of breakdown of marriage:
The proof of the breakdown
Section 4 MPPA
(1) The Court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the Court of one or more of the following facts:
(a) Adultery
(b) Unreasonable Behaviour
(c) Desertion
(d) Separation (2 years with consent)
(e) Separation (five years)
So once a party can satisfy the court of one of the following facts from (a) to (e) a divorce may be granted.
The information provided on this site does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.