HOW IS PROPERTY DIVIDED IN A DIVORCE IN TRINIDAD AND TOBAGO?

Last Updated: Saturday 23rd September, 2023

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​Divorce is never an easy process, and one of the most challenging aspects of it is the division of property. In Trinidad and Tobago, as in many other countries, the division of property after divorce is guided by laws that aim to ensure fairness and equity. To understand how this process works, let's delve into the legal framework. 

In Trinidad and Tobago, the division of property between spouses after a divorce is governed by the Matrimonial Proceedings and Property Act, Chapter 45:51. This law outlines the factors that the court must consider when making decisions regarding property settlement. Section 27 of the Act provides a comprehensive list of factors that the court takes into account. These factors include:

1. Income and Financial Resources: The court assesses the income, earning capacity, property, and other financial resources of each spouse, both currently and in the foreseeable future.
   
   
2. Financial Needs and Obligations: The financial needs, obligations, and responsibilities of each party are considered.
   
   
3. Standard of Living: The standard of living enjoyed by the family before the marriage's breakdown is taken into account.
   
   
4. The Age of Each Party and the Duration of Marriage: The age of each spouse and the length of the marriage is taken into consideration.
   
   
5. Physical and Mental Disability: Any physical or mental disabilities of either spouse are considered in the decision-making process.
   
   
6. Contributions to the Family: The contributions made by each spouse to the welfare of the family, including homemaking and childcare, are considered.
   
   
7. Any order made by the court granting occupation of the matrimonial home to one party of the marriage: The court may grant to the wife or husband, for a period and on such terms and subject to such conditions that it thinks fit, the right to occupy the matrimonial home. The court will take this order (if made) into consideration when making a decision regarding property settlement.
   
   
8. Value of Lost Benefits: In divorce or nullity of marriage proceedings, the court considers the value of any benefits (e.g., pensions) that a party may lose due to the dissolution of the marriage.

Hypothetical Case Example

To illustrate the application of these legal principles, let's consider a hypothetical case where:
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• a married couple is seeking a divorce after being married for 14 years together.
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• The wife is the petitioner and the husband is the respondent in the divorce proceedings.
  
  
• The couple has three children.
  
  
• Their marital assets include two properties: a $3.2 million house with an Italian restaurant business in Port of Spain and another house in San Fernando valued at $1.1 million.
  
  
• The petitioner operated the restaurant in the Port of Spain property, where the children lived with her in the upstairs portion of the property. The respondent occasionally stayed in the Port of Spain property but also resided in the house in San Fernando.
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• The respondent owned and operated a restaurant business called Little Italy in Princes Town, which the petitioner briefly worked in before becoming the primary caregiver for their children.

Key Factors Considered in Property Division

1. Contributions to the Marriage: The court acknowledged the significant contributions made by both spouses during the marriage. While the respondent was the primary breadwinner, the petitioner played a crucial role as the primary caregiver for the children and also learned valuable skills in Italian cooking.
   
   
2. Income and Earnings: The court examined the financial details, including the income generated from the restaurant businesses operated by both parties. 
   
   
3. Clean Break Principle: The court stressed the importance of achieving a clean break between the divorcing parties; emphasizing that it is unsatisfactory for divorcing spouses to continue to live on the same property, especially when relations are strained.
   
   
4. Interests of Children: The court considered the children's best interests, noting that they were settled in the Port of Spain property, where they lived with the petitioner, who also operated her restaurant there.
   
   

The Hypothetical Judgment and Property Division:

In the judgment, the court ordered the following property division:​

• The court decided that the petitioner should remain in the Port of Spain property, considering the children's well-being, her business, and her role as the primary caregiver.
  
  
• To address the significant difference in property values, the court ordered the petitioner to transfer her share in the San Fernando property to the respondent, while the respondent was required to transfer his share in the Port of Spain property to the petitioner.
  
  
• Both parties were to maintain themselves from their respective businesses, and there were no lump sum payment awards.
  
  
• Each party was responsible for the costs associated with transferring the allocated property and were given three months to complete these property transfers.
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• The respondent was directed to vacate the Port of Spain property by a specified date.​

Conclusion
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The division of property between spouses after divorce in Trinidad and Tobago is a multifaceted process that takes into account a range of factors, as stipulated in the Matrimonial Proceedings and Property Act. While the legal framework provides guidance, the court's ultimate goal is to ensure fairness and equity while safeguarding the welfare of any children involved.

In the realm of property division, the court strives to ensure that each party, taking their conduct into account, attains a financial standing closely resembling what they would have had if the marriage had remained intact and both had fulfilled their financial obligations to one another.

​It's essential to note that each case is unique, and the court meticulously evaluates individual circumstances to render judgments that promote justice and financial stability for both parties post-divorce.

Important Notice: This post does not constitute legal advice. Always consult with an attorney on any legal problem or issue.

​This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago.

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