GUIDELINES FOR FILING OF DIVORCE PETITION AT THE

CHILDREN
FAMILY COURT OF TRINIDAD AND TOBAGO CHILDREN

1. REOUIREMENTS: WHAT YOU NEED TO KNOW BEFORE YOU

START YOUR DIVORCE

There are certain requirements that must be met before you can file for a
divorce

• You must satisfy the court that you have been married for at least one year.
• That you are living in Trinidad and Tobago

• That one of the facts set out in Section 4(1) of the Matrimonial Proceedings and
Property Act Chapter 45:51 are satisfied.

2. GROUNDS FOR DIVORCE

There is only one ground, that is "that the marriage has broken down
irretrievably". The court will not hold that a marriage has broken down irretrievab ly
unless the petitioner satisfies the court of one or more of the five facts set out in
Section 4(1) of the Matrimonial Proceedings and Property Act, which are as
follows;

(l) that the respondent has committed adultery and the petitioner finds it
intolerable to live with the respondent;
(2) that the respondent has behaved in such a way that the petitioner cannot
reasonably be expected to live with the respondent;
(3) that the respondent has deserted the petitioner for a continuous period of at
least two years immediately preceding the presentation of the petition;
(4) that the parties have lived apart for a continuous period of at least two years
immediately preceding the presentation of the petition and the respondent
consents to a decree being granted; and
(5) that the parties have lived apart for a continuous period of at least five years
immediately preceding the presentation of the petition.
 Please note that persons who are applying for a divorce on their own without
the assistance of an Attorney-at-law, which is strongly recommended, can only
rely on one of the facts stated at (2), (4) or (5) above.

3. DEFINITION OF PETITONER AND RESPONDENT

Where you are the person seeking the divorce, you are the Petitioner and your spouse
is called the Respondent.

4. WHAT ARE REQUIREMENTS IN ORDER TO SATISFY THE

SPECIFIED FACTS

1. UNREASONABLE BEHAVIOUR

• The behaviour of the respondent towards the petitioner must be such that the
petitioner finds it difficult to continue to live with the respondent.
• It is important to set out such behaviour of the respondent that has led to the
breakdown of the marriage.
• If you do not recall the date that an incident may have happened use words "on or
about. "
• When outlining the behaviour of the respondent ensure that same is in order of events
ending with the most recent incident, which ends with separation in most cases.

• After outlining the behaviour of the respondent towards you conclude with the
following " that the behaviour of the respondent is such that the petitioner can no
longer continue to live with the respondent".

2. TWO YEARS SEPARATION WITH CONSENT

 You must be separated for a period of at least two years before filing the petition

 The respondent must sign the Form of Consent before you file the petition.

 An action for divorce can be maintained even where the parties continue to live
in the same matrimonial home and lead different and separate lives, and where
there are no sexual relations.

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 3. FIVE YEARS SEPARATION

• You must be separated for at least 5 years or more before filing the divorce.
• An action for divorce can be maintained even where the parties are living in
the same matrimonial home but lead separate lives and there is no sexual
relations;

After you have determined that you have met the requirements and one of the facts
listed, you may use the forms in the package which are labeled for easy reference to
file for a divorce. The instructions on the forms will help you in completing these
forms, starting your action and satisfying the other requirements for obtaining a
divorce,

5. IF THERE ARE CHILDREN

 If there are children under 18 years you must complete a Statement of

Arrangements for Child/ren or (Form 2).
 If a child is over 16 years but is still attending school, university or
undergoing training for a trade, profession or vocation a Statement of
Arrangements for Child/ren or (Form 2) must be completed.

6. IF THE RESPONDENT HAS NO KNOWN ADDRESS OR RESIDES

OUT OF TRINIDAD AND TOBAGO (APPLICATION FOR
SUBSTITUTED SERVICE)

 You are required to file a Notice of Application (Form 12) asking the court to
dispense with personal service of the petition on the respondent and that he/she
be served by either;
- (1) registered mail or international courier or
- (2) by advertisement in a newspaper in circulation in Trinidad and Tobago or the
country where the respondent lives.
 An affidavit in support for either of the applications must also be completed by
the petitioner.

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7. SCHEDULE OF FILING FEES
You will have to pay the following fees in your action for a divorce;

1. Petition $ 50.00

2. Marriage Certificate $ 5.00

3. Consent of Respondent $ 5.00

4. Statement of Arrangements for Children $ 5.00

5. Affidavit of Service $ 10.00

6. Application for Substituted Service $ 10.00

7. Affidavit in support of Application for Substituted Service $ 10.00

8. Affidavit of Compliance $ 10.00

9. Application for Decree Nisi to be made Absolute $ 10.00

After the divorce (decree nisi) is granted and you apply for your Absolute
you will have to pay the following;
Documents to be ordered Fee
1. Office copy of Absolute $10.00

2. Certified copy of Absolute $20.00

8. DOCUMENTS REOUIRED FOR FILING A DIVORCE

 Divorce Petition (Form 1) with appropriate fact stated
 Marriage Certificate (duplicated from the Registrar General's Office)
 Birth Certificate of Child/ren
 Copies of any Court Orders
 Statement of Arrangements of Children (Form 2)
 Consent (signed by the respondent where the fact is 2 years separation with consent)
 Application for Substituted Service
 Affidavit in support

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9. STARTING THE DIVORCE ACTION

(a) The appropriate documents in the package must be typed.

(a) paper (i) (letter size) 11 inches x 8.5 inches

(ii) on both sides.

(b) margins (i) I inch shall be left at the top and bottom

(ii)1.5 inches shall be left at each side.

(c) font (i) size 12.

(ii) times new roman.

(d) Paragraph spacing of 1.5

(b) Heading
Name, In Person; address, phone number and email address of Petitioner (optional) to
be placed to the top right hand corner of every document.

The documents to be headed with the title of the proceedings

(c) Vetting of documents

Petitioner to return to the Family Court with typed documents and
(i) the marriage certificate;
(ii) copies of the children's birth certificate (if applicable);
(iii) copies of any orders (if applicable);
(iv) proof of respondent's address (if applicable);
(v) application for substituted service and supporting affidavit (if applicable);

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(d) Swearing of documents
(i) four copies of all vetted documents are to be sworn before the Commissio ne r
of Affidavits
(ii) a form of ID

(e) Filing of documents

Documents to be filed at counter

(i) four (4) copies of all typed and vetted documents;

(ii) the duplicate of marriage certificate and three copies;
(iii) four copies of all accompanying documents.
(f) Fees

Filing fees and service fee to be paid at Counter

(g) Notice of Proceedings

The Petitioner is to collect the Notice of Proceedings which states the date, time and hearing
room.

(h) Personal Service

l. At least three weeks before the date of hearing the petitioner is to check with the
Marshal's Assistant to find out whether service on the respondent was effected.

2. The petitioner is to collect a copy of the document from the Marshal's Assistant
regarding service.

3. The petitioner is to type an Affidavit of Service from information provided by Marshal's

Assistant.

4. At least one week before the Court date the Petitioner is to file an Affidavit of Service.

(i) Substituted Service

1. Judgments and Order Unit will contact the Petitioner to come in to collect the Order
with respect to substituted service.
2. The petitioner is to collect the Order from Judgments and Order Unit.
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 3. The petitioner must strictly comply with the Order made by the Judge for
Substituted Service.
(j) Affidavit of Compliance (if an Order is made for substituted service by the
Judge)
1. The petitioner is to type the Affidavit of compliance.
2. At least one week before the Court date the petitioner must file the Affidavit of
Compliance together with exhibit(s) that is, in the case of an order for service by
advertisement (the original advertisement in the newspaper) or in the case of an
order for service by mail (the original receipt of the registered mail or internatio na l
courier).

(k) Attendance on Court Date

The Petitioner must attend court for the hearing of the matter on the given date and in
the specified Hearing Room on the 1 st Floor Family Court.

(l) Decree Absolute

1. Six weeks after the court date granting the Decree Nisi;
The Petitioner is to file a Application for the Decree Nisi to be made absolute

(Form 15) and/or;

In the case where there are children of the family and the court has made a
declaration that the arrangements for the child/ren are satisfactory and/or the
best that can be devised in the circumstances i.e. a Section 47 Declaratio n,
the Petitioner is to file a Application for the Decree Nisi to be made absolute
(Form 15)
2. The petitioner is to return for the absolute.

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 DIVORCE - PETITION FORM 1
Name……………….…………………………….
“IN PERSON”
Address………….……………………………….

………………………..…………………….

Phone #...............................................................

Email address………………………………….

THE REPUBLIC OF TRINIDAD & TOBAGO

IN THE HIGH COURT OF JUSTICE

FAMILY COURT
Petition No. FH
BETWEEN
(1)
Petitioner
And

(2)
Respondent
*************************************

The petition of……………………………………. shows that:

(3)

1. On the…………….. the petitioner was lawfully married to……………………….

(4) (5)

(hereinafter called 'the respondent') at the ……………………………………………….

(6)

2. After the said marriage the petitioner last lived and cohabited with the respondent
at…………………………………………………..
(7)
 3. (a) The petitioner and respondent are both domiciled in Trinidad and Tobago.
OR
(b) The petitioner is domiciled in Trinidad and Tobago and the respondent is domiciled

in………………………………
(8)

4. The petitioner is a……………….and now resides at……………………………..

(9) (10)

The respondent is a…………….…..and now resides at………….……………

(11) (12)

5. There is/are…………………..child/ren of the family now living namely……………….

(13) (14)

who was born on the…………………………………………..who is over the age of (18)

(15)

who is over the age of (18) eighteen years and………………………… who was born
on the…………………and…………………..who was born on the .................................

6. …………………………………..and……………………….. are over (16) sixteen

(16) (17)
years but receiving instructions a…………………………………………
(18)

7.(a) To the knowledge of the petitioner no other child now living has been born to the
Respondent during the Marriage except……………..who was born on the…….………
(19) (20)
This is to be completed where the Husband is the Petitioner

OR

(b) No other child now living has been born to the petitioner during the Marriage
except………………………….who was born on the………………………………….
(21) (22)
8. The Petitioner alleges that……….……is not a child of the family because….…………….
(23) (24)
9. There have been no proceedings previous hereto in any court in Trinidad and Tobago with
reference to the said marriage (or the children of the family) or between the Petitioner and
Respondent with reference to any property of either or both of them except
…………………………………………………………….
(25)

10. There are no proceedings continuing in any country outside Trinidad and Tobago which are
in respect of the said marriage or are capable of affecting its validity or subsistence.

11. There has been no agreement or arrangement between the Petitioner and the Respondent for
the support of the parties (or any child of the family) except……………….………….……..
(26)

12. The Petitioner makes no proposals for financial provision for the Respondent in the event of
a decree nisi being granted.

13. The marriage has broken down irretrievably.

14. The respondent has behaved in such a way that the petitioner cannot reasonably be expected
to live with the respondent. Or
The parties to the marriage have lived apart for a continuous period of at least two (2) years
immediately preceding the presentation of the petition and the respondent consents to a
decree being granted. Or

The parties to the marriage have lived apart for a continuous period of at least five
(5) years immediately preceding the presentation of the petition.
(Choose only one fact)

PARTICULARS

The parties separated in or about……………………….and have not resumed cohabitation

(27)

since and the respondent consents to a decree being granted.

 OR

If the fact is unreasonable behaviour please give the particulars of such behaviour in numbered
paragraphs

The petitioner therefore prays:

(l) That the said marriage may be dissolved.

……………………….
Petitioner

I,………………………………………of, ………………………………………………………………
(28) (29)
………………………………………………………………………………………………….
make oath and say as follows (do solemnly and sincerely affirm) that the •contents of this my
petition are true.

SWORN TO this day)

of , at )
Family Court )
Port of Spain )

Before me,

……..……………………….…………..
COMMISSIONER OF AFFIDAVITS

The name and address of the person who is to be served with this petition is:
(30)

Whose work address is ……………………………..…. (31)

The Petitioner's address for service……………………………… (32)

Dated
 FORM INSTRUCTIONS
1. DIVORCE PETITION - FORM 1
This form is used when commencing an action for divorce on either of the facts listed below;
1. that the respondent has behaved in such a way that the petitioner cannot reasonably
be expected to live with the respondent or
2. that the parties have lived apart for a continuous period of at least two years
immediately preceding the presentation of the petition and the respondent consents
to a decree being granted; or
3. that the parties have lived apart for a continuous period of at least five years
immediately preceding the presentation of the petition
Please note that if there are any paragraphs in FORM 1 which are not applicable please
delete same
Filed (1) Put your name.
Field (2) Put your spouse's/ the respondent's name.
Field (3) Put your name.
Field (4) State the date of marriage.
Field (5) State name of spouse/respondent.
Field (6) State the place of marriage as stated on the marriage certificate.
Field (7) State the last address you and the respondent lived at.
Field (8) If the respondent is not living in Trinidad and Tobago of his/her
address is unknown complete paragraph 3(b) and please state in
which country the respondent resides or that the respondent's
address is unknown.

Field (9) State your occupation.

Field (10) State your address.
Field (11) State the occupation of the respondent if known.
Field (12) State the address of the respondent if known.
Field (13) State the number of children if any.
Filed (14) Name of first child.

1
Field (15) State the date of birth of child. If there are more than one child/re n
continue giving the names and dates of birth of each child.
Field (16) If there are child/ren who are over 16 years and attending school
give name(s) if applicable.
Field (17) Give the name of any other child/ren who are over 16 years and
attending school if applicable.
Field (18) Give the name of the school, university or such institution or
program that the child/ren is/are attending.
Field (19) If the husband is the petitioner please complete paragraph 7(a) state
the name of child/ren if known to the petitioner (if applicable)
Field (20) State the date of birth if know of the said child/ren (if applicable).
Field (21) If the petitioner is the woman and she has had other children during
the marriage she is to complete paragraph 7 (b) and therein state the
name of the said child/ren.
Field (22) The woman to state the date of birth of the child/ren (if applicable ).
Field (23) Only if there are children who are not children of the family the
petitioner is required to state the name/s of the children.
Field (24) Here state the reason why you say the alleged child/ren is/are not
child/ren of the family.
Field (25) Here please state if there have been any previous proceeding in any
court /courts in Trinidad and Tobago, the number of the matter the
year and date the order(s) was made and in which court. Attach
copies of orders.
Field (26)
Here state what are the agreements or arrangements if any.
Paragraph 14 -
Here choose the fact on which the divorce is being relied upon. If
the fact relied upon is unreasonable behaviour, kindly state in
numbered paragraphs the particulars relied upon.
Field (27) Here give the date of separation if the fact relied upon is two years
separation with consent or five years separation. If the fact relied on is five
years separation delete the words "and the respondent consents to a decree
being granted"
Field (28) - Please state your name

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Field (29) - Please state your address
Field (30) - State the name, address and contact number/s for the respondent
Field (31) - Give the name of the respondent's work, the address and contact number of if
known.
Field (32) - Give your name and address.

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 DIVORCE – CONSENT FORM

Name……………..…….……………..
“IN PERSON”
Address…………...…………………..
………………………………….

………………………………….

Tel. no…………………………….…..

Email Address……………………..…

THE REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE
FAMILY COURT
DIVORCE

PETITION NO. FH

BETWEEN

PETITIONER

AND

RESPONDENT

I…………………………………….. of…………………………………….. do hereby consent to

a decree of divorce being granted to the petitioner herein on the grounds that we have lived
separate and apart for continuous period of at least (2) years immediately preceding the
presentation petition that is to say from since on or about………………………...,202 and I do
hereby consent to a decree being granted in his/her favour.

……………………………………………..
Respondent

Dated this ,202

 FOR FORMDated this
2 STATEMENT ARRANGEMENTS
OF ARRANGEMENTS FOR CHILDRENFOR
CHILDREN
ANGEMENTS FOR CHILDREN
The Republic of Trinidad and Tobago
In the High Court of Justice Petition No.
Divorce
Between
A.B.
Petitioner
And

CB
Respondent
STATEMENT OF ARRANGEMENTS FOR CHILDREN
1. First child:
Names
Date of Birth
With whom does s/he live
Address

Is child at school or other

place of education YES/NO
Give details.

Are you proposing any changes within the next two years? YES/NO
If so, give details.

Does the child suffer from any medical disability? YES/NO

Give details.

[the court may require a medical certificate]

Is the child under the care of any [local authority] [probation officer]? YES/NO

If so, give details

 Second Child etc.
2-4 (as above)

ACCESS
What are the present arrangement by you/by the respondent to each child?

Are these arrangements working satisfactory? YES/NO

Do you propose any changes? YES/NO
If so, what?

Financial Needs
6. Set out below your estimate of the cost of maintaining the children:
Give figures per/week/month/year. State which…………………

Food
General Clothing
School Uniform
School fees
Travel to school
Extra tuition
Lunch money
School books
General School supplies
Medical/Dental/Optical costs
Toys/Games/Sports
Outings
Holidays
Hairdressing
Presents
Pocket money
Child Care
 Total Cost $ per week/month
What contribution(s) if any
does anyone else make to this cost? $ per week/month

Net Cost
Existing Court Orders and Agreements
6A. Are there any court orders relating to any children? YES/NO
If so, attach copies of each order.
6B. Have any arrangements been made with regards to
access to YES/NO
custody of YES/NO
maintenance of YES/NO
the children
If so supply copies (if in writing)

Court Orders you are considering seeking.

7. What Court orders might you seek with regard to all or any of the children?
A. Custody
B. Access
C. Maintenance
D. Other
A separate application should be made for any order that you seek
I certify that the information given on this form is correct
Signed
Dated
I agree with the proposed arrangements as outlined in the above statement.
Signed [Respondent]
Dated
APPLICATION FOR SUBSTITUTE SERVICE
(ADVERTISEMENT)
&
AFFIDAVIT IN SUPPORT
 FORM 12 APPLICATION (Substituted Service by advertisement)

Name……………..…….……………..
“IN PERSON”
Address…………...…………………..
………………………………….

………………………………….

Phone #..………………………….…..

Email Address……………………..…

THE REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE

FAMILY COURT
Petition No. FH

BETWEEN

(Your name) Petitioner

And

(Name of spouse) Respondent

************************************

NOTICE OF APPLICATION
The Petitioner applies to the Court for an order:

1. That leave be granted to the petitioner to dispense with personal service of the divorce

petition and all related documents on the respondent.

2. That leave be granted to the petitioner to effect substituted service of the petition and
all related documents by way of advertisement in a daily newspaper once per week for
two consecutive weeks.
3. The grounds of the application are; (state the grounds for the application)
I hereby certify that the facts stated above are true to the best of my knowledge and belief.

…………………………………………….

Petitioner

Dated this ,2020

To: The Register

Family Court
 AFFIDAVIT IN SUPPORT OF APPLICATION
(Substituted service by advertisement)

Name……………..…….……………..
“IN PERSON”
Address…………...…………………..
………………………………….

………………………………….

Phone #..………………………….…..

Email Address……………………..…
THE REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE

FAMILY COURT
Petition No. FH

BETWEEN

(Your name) Petitioner

And

(Name of spouse) Respondent

************************************

I, ……………………………………..(your name)…………………………………….. of
…………… (your address)…………………………………..in the Island of Trinidad, make oath
and say as follows;-

1. The facts and matters hereinafter are true and correct to the beat of my knowledge save

where other wise stated to be based on information and belief in which case I verily

believe same to be true.

2. Petitioner to state the date of marriage between the parties.

 3. Petitioner to state the fact on which the divorce is based.

4. Petitioner to state the last known address for the respondent

5. Petitioner to state the attempts made to find the respondent must be recent attempts.

6. The petitioner to provide any contact information for the respondent including
address and phone contact.

7. Petitioner to state contact information for respondent’s parent and siblings.

8. I therefore ask this court to grant me leave to effect substituted of the petition and all
related documents on the respondent by way of advertisement in a daily newspaper
once per two consecutive weeks.

Sworn to this day)

Of )
At the Family Court )
Port of Spain )

Before Me,

……..……………………….…………..
COMMISSIONER OF AFFIDAVITS
APPLICATION FOR SUBSTITUTE SERVICE
(MAIL COURIER)
&
AFFIDAVIT IN SUPPORT
 FORM 12: APPLICATION (Substituted Service by mail)

Name……………..…….……………..
“IN PERSON”
Address…………...…………………..
………………………………….

………………………………….

Phone #..………………………….…..

Email Address……………………..…

THE REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE

FAMILY COURT
Petition No. FH

BETWEEN

(Your name) Petitioner

And

(Name of spouse) Respondent

NOTICE OF APPLICATION
The Petitioner applies to the Court for an order:

1. That leave be granted to the petitioner to dispense with personal service of the divorce

petition and all related documents on the respondent.

2. That leave be granted to the petitioner to effect substituted service of the petition and
all related documents by way of registered mail addressed to the respondent at
………………… (address where the respondent lives) ……………………………...
 3. The grounds of the application are:- The respondent resides in …………….. (name
of country) …………. and out of the jurisdiction of Trinidad and Tobago.

I hereby certify that the facts stated above are true to the best of my knowledge and belief.

……………………………………….
Petitioner

Dated this day of ,2020

To: The Registrar

Family Court
 AFFIDAVIT IN SUPPORT OF APPLICATION
(Substituted service by mail)

Name……………..…….……………..
“IN PERSON”
Address…………...…………………..
………………………………….

………………………………….

Phone #..………………………….…..

Email Address……………………..…

THE REPUBLIC OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE

FAMILY COURT
Petition No. FH

BETWEEN

(Your name) Petitioner

And

(Name of spouse) Respondent

************************************

I, ……………………………………..(your name)…………………………………….. of
…………… (your address)…………………………………..in the Island of Trinidad, make oath
and say as follows;-

1. The facts and matters hereinafter are true and correct to the beat of my knowledge save
where other wise stated to be based on information and belief in which case I verily

believe same to be true.

2. Petitioner to state the date of marriage between the parties and the fact upon which the
petition is filed.
3. Petitioner to state the current address for the respondent and to state how the petitioner
became aware of the respondent’s current address and also to give details of who
informed the petitioner that is the respondent’s address if the petitioner was so
informed.

4. Petitioner to attach a copy of proof of the respondent’s address (envelope with

respondent’s return address, email from respondent stating current address).

5. I believe that if any documents are sent to the respondent at the above address that it
will get the respondent’s attention.

6. I therefore ask this court to grant me leave to effect substituted of the petition and all
related documents on the respondent by way of registered mail addressed to the
respondent at ……………………

Sworn to this day)

Of )
At the Family Court )
Port of Spain )

Before Me,

……..……………………….…………..
COMMISSIONER OF AFFIDAVITS