THE WAYS TO END A MARRIAGE IN TRINIDAD AND TOBAGO.

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​​In T&T, there are TWO main ways to end a marriage - by annulment and by divorce.

What is an annulment and What is a divorce?

The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been invalid.

Annulment: An annulment is a legal ruling that erases a marriage by declaring it to be invalid and null and void.

Divorce: A divorce, on the other hand, is the dissolving, terminating or ending of a legally valid marriage.

A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place. ​

​How do I get an annulment in T&T?

One way to get an annulment is to prove that your marriage is “voidable,” meaning it was valid, but should be nullified (voided or cancelled) based on the following grounds:

• The marriage has not been consummated because one of the parties was unable to consummate it. For example, due to sexual incompetence.
  
  
• One spouse willfully refuses to consummate the marriage.
  
  
• One spouse did not validly consent to the marriage because of duress, mistake, unsoundness of mind, or otherwise;
  
  
• At the time of the marriage one spouse (though capable of giving a valid consent) was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for marriage.
  .
• At the time of the marriage one spouse was suffering from a sexually transmitted disease and the next spouse was ignorant of this fact.
  
  
• At the time of the marriage one spouse was pregnant by another person and the other spouse was ignorant of this fact.

A decree of nullity is what a court grants when a marriage is successfully annulled – that is, declared invalid. Where a court grants a decree of nullity on the ground that the marriage is voidable, the decree will annul the marriage only in respect of the time after the decree comes into operation. This means the marriage will, notwithstanding the decree, be treated as though it existed up to the time the decree came into effect.  
 
You can also get an annulment based on a void marriage. Unlike a voidable marriage, a void marriage is automatically invalid, because it wasn't legal in the first place. Any of the following situations make it illegal to marry:

• The parties have a close blood relationship.
  
  
• At least one party was under the age of consent to marry (which is 18 years old).
  
  
• One spouse is already lawfully married to someone else (bigamy).
  
  
• The parties intermarried in disregard of certain requirements as to the formation of the marriage.
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• The parties to the marriage were not respectively male and female.

How do I get a divorce in T&T?
​Learn how to get a divorce in T&T HERE.

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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