Matrimonial Proceedings and Property - Legal Affairs

1 Matrimonial PROCEEDINGSAND Property ACTCHAPTER 45:51 LAWS OF TRINIDAD AND TOBAGOAct2 of 1972 Amended byCurrent Authorised PagesPagesAuthorised(inclusive)by *See Note on Amendment on page 2 See Note on page of 197352 of 197615 of 1981*24 of 1981 *27 of 1981 20 of 198213 of 1988 14 of 1988 12 of 2000 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 45:51 Matrimonial Proceedings and PropertyLAWS OF TRINIDAD AND TOBAGOI ndex of Subsidiary LegislationPageMatrimonial Causes Rules (GN 190/1973).

2 These Rules, though made under the Supreme Court of Judicature Act, Ch. 4:01, havebeen published herein since they relate to the subject matter of this on AmendmentThis Act has been amended by (a)the Land Registration Act, 1981 (Act No. 24 of 1981); and(b)the Succession Act, 1981 (Act No. 27 of 1981),but these Acts had not, up to the date of the last revision of this Act, been brought on Act No. 14 of 1988 See paragraph 1 of Schedule 1 to the Attachment of Earnings (Amendment) Act, 1988 withrespect to Maintenance VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal LAWS OF TRINIDAD AND TOBAGOM atrimonial Proceedings and PropertyChap.

3 45:513 CHAPTER 45:51 Matrimonial PROCEEDINGSAND Property ACTARRANGEMENT OF SECTIONSSECTION1. Short Jurisdiction of IDIVORCE, nullity AND OTHER Matrimonial SUITSDIVORCE3. Breakdown of marriage to be sole ground for Proof of Restriction on petitions for Divorce not precluded by previous judicial Alleged adulterer as a Provisions designed to effect Decree to be refused in certain Power to rescind decree nisi in certain Financial protection for respondent in certain Rules may enable certain agreements or arrangements to be referredto the , JUDICIAL separation AND PRESUMPTION OF DEATH13.

4 Grounds on which a marriage is void or Ancillary provisions concerning voidable Judicial Presumption of death and dissolution of nisi, decree absolute and Intervention of Attorney General and power of Court to allowintervention on VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 45:51 Matrimonial Proceedings and PropertyLAWS OF TRINIDAD AND TOBAGOARRANGEMENT OF SECTIONS ContinuedSECTION19. Abolition of bars to divorce and judicial separation , of rights to claimrestitution of conjugal rights and of damages for (Repealed by Act No.)

5 20 of 1982).21. Evidence and hearing in Restriction on publication of reports of judicial IIMAINTENANCE AND RELATED MATTERS23. Maintenance pending suit in cases of divorce, Financial provision for party to a Financial provision for child of the Orders for transfer and settlement of Property and for variation Matters to which Court is to have regard in deciding what orders tomake under sections 24 and Neglect by party to marriage to maintain other party or child of Duration of certain orders made in favour of party to marriage andeffect of Provisions as to powers of Court to make orders in favour of childrenand duration of such

6 Variation, discharge, etc., of orders for financial Payment of certain arrears unenforceable without the leave of Power of Court to order such sums paid under certain orders to berepaid in certain Commencement of Proceedings for financial provision orders, Direction for instrument to be settled by an Payments, etc., under order made in favour of person suffering frommental Application of Maintenance Validity of maintenance Alteration of agreements by Court during lives of VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal LAWS OF TRINIDAD AND TOBAGOM atrimonial Proceedings and PropertyChap.

7 45:51540. Alteration of agreements by Court after death of one Orders for maintenance from deceased s Discharge and variation of orders under section Interim orders and additional provisions as to orders to be made undersections 41 and Avoidance of transactions intended to defeat certain Existing orders for alimony, etc., of party to marriage to cease to haveeffect on remarriage of that other Orders for repayment in certain cases of sums paid after cessation oforder by reason of IIIPROTECTION AND CUSTODY OF CHILDREN47.

8 Restrictions on decrees for dissolution, annulment or separationaffecting Orders for custody and education of children affected by Order for custody of children in cases of neglect to Power to provide for supervision of IVTHE Matrimonial HOME51. Rights of mortgagee, etc., not affected by order under this Court may make order for occupation of Matrimonial Court may direct sale of home or direct Court may vest Matrimonial home in parties in Court may vest tenancy of dwelling house in petitioner or Landlord to have right to appear and be Order in respect of Exclusion of common law Power of the Court under Married Persons Act.

9 Application of this Part to nullity and other VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal 45:51 Matrimonial Proceedings and PropertyLAWS OF TRINIDAD AND TOBAGOPART VOVERSEAS nullity DECREES, DIVORCESAND Legal SEPARATION62. Recognition of overseas nullity Recognition of overseas divorces and Legal Grounds for Proof of facts relevant to Existing common law and statutory Non-judicial Non-recognition of divorce by third country no bar to Exceptions from VISAVINGS AND TRANSITIONAL PROVISIONS63.

10 Transitional OF SECTIONS ContinuedSECTIONUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND Legal LAWS OF TRINIDAD AND TOBAGOM atrimonial Proceedings and PropertyChap. 45:517 CHAPTER 45:51 Matrimonial PROCEEDINGSAND Property ACTAn Act to amend the grounds of divorce, nullity and judicialseparation, to facilitate reconciliation in matrimonialcauses; to regulate Matrimonial Proceedings , to amendthe law relating to the Property of married, divorced andseparated persons, and for purposes connected with thematters aforesaid.