What You Need to Know If You Are

Considering Getting a Divorce

WHAT IS DIVORCE?
Divorce is the process of ending a marriage or marital union. To file for divorce, you must be
married for at least one (1) year. If, however, you can show that you have suffered extreme
hardship because of your spouse’s gross and obvious conduct, you may apply for permission to file
for divorce even though it is not one (1) year from the date of marriage.

All legal requirements must be met before the matter can be heard by the Court. This
includes, but is not limited to, the requirement for either party to the marriage to be domiciled in
Trinidad and Tobago, meaning the he/she treats Trinidad and Tobago as his/her permanent home,
or lives in and has a substantial connection with Trinidad and Tobago. Before filing for divorce, you
can seek legal advice from an attorney-at-law to ensure that all legal requirements have been met.

GROUNDS FOR DIVORCE

There is only one (1) ground for divorce in Trinidad and Tobago, which is that the
marriage has broken down irretrievably, that is to say, without hope of reconciliation.

To prove this ground, you must satisfy the Court of one (1) or more of the following facts:

Your spouse has committed adultery and you find it intolerable to live with him/her.

Your spouse has behaved in such a way that you cannot reasonably be expected to live with
him/her.

Your spouse has deserted you for a continuous period of at least two (2) years immediately
before you file the petition.

You and your spouse have lived apart for a continuous period of at least two (2) years
immediately before you file the petition and your spouse consents to a divorce being
granted.

You and your spouse have lived apart for a continuous period of at least five (5) years
immediately before you file the petition.

APPLYING FOR DIVORCE

To apply for a divorce, either spouse may file a Petition through the Family Court, asking the
Court to end the marriage. This document provides the Court with the required information that
supports the ground for divorce.The person filing or asking the Court for the divorce is named the
Petitioner and the person from whom they wish to be divorced is named the Respondent.
FILING YOUR DIVORCE APPLICATION
Things to Know Before You Begin

FILING THE PETITION

Starting Your Divorce Application:
The Petition and supporting documents must be filed online using the Judiciary’s E-Services
platform at eservices.ttlawcourts.org. However, before you file the Petition, you can contact the
Family Court for information on the relevant forms required:

• Family Court, Port of Spain - fcn.response@ttlawcourts.org | (868) 223-1060 ext. 1254-1258

• Family Court, Princes Town - fcp.response@ttlawcourts.org | (868) 223-1060 ext. 6400
• Family Court, Tobago - fct.response@ttlawcourts.org | (868) 223-1060 ext. 1259 /1261/6279

The Petition must be commissioned and signed by a Commissioner of Affidavit. If you are
self-represented, you must sign the Petition. If you are represented by an attorney-at-law, both you
and your attorney must sign.

SUPPORTING REQUIRED DOCUMENTS

Original Marriage Certificate

A Statement of Arrangements if you have children

under the age of eighteen (18) years, children who are
attending school or university, or children with disabilities.

Signed Consent where the couple has been separated

for two (2) years and each party consents to divorce being
granted.

LEGAL REPRESENTATION
You can file a Petition and your matter can be heard by the
Court without legal representation. Persons who represent I can help you
themselves are called SELF-REPRESENTED LITIGANTS. through this
However, in some cases, it may be better to have an process.
attorney-at-law to guide and represent you during this
process. Your attorney will take your instructions, prepare the
required documents, and represent you during the life of the
matter or as agreed.

Family Court staff are not authorised to give legal advice.

They may provide general information on court procedures
and may inform you if information necessary for processing
your documents was not stated. Customers are responsible
for the contents of their documents and should seek
professional legal advice if in doubt.
THE DIVORCE PROCESS
Filing, Processing and Finalising Your Divorce

These steps are informed by the Family Proceedings Rules as amended and all related Practice
Directions as issued by the Honourable Chief Justice.

STEP 1: Prepare Your Documents

If you need guidance on the process, send an email to the Family Court with
your full name, address and phone number, stating that you would like to CONTACT
file for a divorce. Court staff will inform you of the steps in the process and US

the documents required for a divorce.

• Family Court, Port of Spain - fcn.response@ttlawcourts.org

• Family Court, Princes Town - fcp.response@ttlawcourts.org
• Family Court, Tobago - fct.response@ttlawcourts.org

STEP 2: File Your Documents

Once prepared, your Petition and supporting documents must be filed
online using the Judiciary’s E-Services platform at eservices.ttlawcourts.org.
If you are representing yourself, you must file the documents. If you are
represented by an attorney-at-law, your attorney must file the documents on
your behalf.

STEP 3: Get A Hearing Date

The Petitioner will receive a date and time to attend a virtual hearing. The
Respondent, who is the person from whom a divorce has been requested or the
person responding to the petition for divorce, will be served with Court
documents, which will include the date, time and place of hearing, as well as an
Acknowledgment of Service. He/she will have eight (8) days to accept or
twenty-eight (28) days to contest the petition.

STEP 4: Attend the Hearing and Other Services Ordered

The parties must attend the virtual hearing unless permission is granted by the
Court to not attend. The Court may order the parties be referred to a support
service such as mediation or counselling.

STEP 5: Finalise Your Divorce

Subject to the Court being satisfied, a Decree Nisi court order is granted. This order also states
when you can apply for the Decree Absolute which is the court order that finalises your
divorce. All arrangements for any child or children of the family must be finalised before the
divorce can be made final. This is one of the legal requirements. After the Court verifies that all
legal requirements are met, the Decree Absolute is granted and issued electronically to make
the divorce final. Your divorce is not final until a Decree Absolute is granted.
 SUPPORT SERVICES

FAMILY MEDIATION
Parties with matters before the Court who have trouble
deciding on issues such as their children’s schooling,
living arrangements, sharing expenses and the division
Ok, let’s stay
of assets (who gets what), can be referred to Family calm and talk
Mediation at the Court by the Judge or the Social things through.
Services Unit of the Family Court.

Family Mediation is a voluntary, confidential

process at the Family Court which is used to
resolve family conflict.

It involves the parties coming together and talking

about their issues with a well-trained neutral third
party called a Family Mediator.

It encourages parties to cooperate, identify their

issues and find amicable solutions to those issues.

SOCIAL SUPPORT SERVICES

The Family Court provides social service support to families before the Court to help
them overcome some of the issues they may face. This also helps the Court gather important
information to assist with decision-making. The Judge or the Master can refer members of
the family, including the children, to counselling or other support services to help them cope
with issues that may arise during the divorce.

These services are facilitated by the Court's

in-house Social Services staff, and in some cases, by
external service providers. The Judge or Master may
also request that social inquiries or assessments be
conducted to assist with decision-making.

For more information, please contact the Family Court:

• Family Court, Port of Spain
Cipriani Place, 4 Cipriani Boulevard, Port of Spain FCDTrinidadandTobago
(868) 223-1060 ext. 1254-1258 | fcn.response@ttlawcourts.org
www.ttlawcourts.org/fcd
Family and Children Division of the High Court
• Family Court, Princes Town
6 Elizabeth Street, St. Clair, Port of Spain, Trinidad
271 Naparima/Mayaro Road, Princes Town Tel: (868) 223-1060 | Fax: (868) 224-4033
(868) 223-1060 ext. 6400 | fcp.response@ttlawcourts.org FCD_JudiciaryTT
Email: FCD@ttlawcourts.org

• Family Court, Tobago

54 Calder Hall Main Road, Scarborough, Tobago
(868) 223-1060 ext. 1259 /1261/6279 | fct.response@ttlawcourts.org