Cameron Miranda
In Trinidad and Tobago, common-law marriages are recognized under the Cohabitational Relationships Act and the Distribution of Estates Act. These laws grant specific rights and protections to couples who live together as husband and wife without being legally married. To be considered a common-law marriage in Trinidad and Tobago, the couple must live together continuously for at least five years, at which point they obtain legal rights, including the right to apply for maintenance and property orders.
| Characteristics | Values |
|---|---|
| Definition | Two persons of the opposite sex living together as husband and wife without being legally married |
| Recognition | Recognized under the Cohabitational Relationships Act and the Distribution of Estates Act |
| Legal rights | Granted after cohabiting for at least 5 continuous years |
| Maintenance orders | Granted for a duration of 3 years |
| Application deadline | Applications must be made within 2 years of separation |
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What You'll Learn
Common-law marriage defined
In Trinidad and Tobago, a common-law or cohabitational relationship is defined as when two persons of the opposite sex, who are not married to each other, live or have lived together as husband and wife. The parties to a common-law relationship have rights under the Cohabitational Relationships Act 1998 and the Distribution of Estates Act.
To obtain legal rights, parties to a common-law relationship must have cohabited for at least five continuous years, according to section 7 of the Cohabitational Relationships Act 1998. Alternatively, if the couple has a child or children together, or if one party has made substantial contributions to the relationship, they may be eligible for legal rights without having cohabited for five years.
The court can issue maintenance and property orders for a common-law spouse. For example, if a common-law relationship has lasted for at least five years, the court can order maintenance for a common-law spouse. These maintenance orders are only for three years. Applications for orders must be made within two years of separation.
Parties can also enter into agreements regarding their rights and obligations before, during, or after the relationship. These agreements can be varied by the court under certain conditions.
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Rights under the Cohabitational Relationships Act
In 1998, the Cohabitational Relationships Act became law in Trinidad and Tobago, providing rights and protections for those in less formal unions, but living together as husband and wife on a domestic bona fide basis, also known as a common-law relationship.
The Act defines a cohabitational relationship as:
> "...the relationship between cohabitants, who not being married to each other are living or have lived together as husband and wife on a bona fide domestic basis."
The Cohabitational Relationships Act grants cohabitants certain rights and protections, which include:
Maintenance and Property Orders
The Act allows cohabitants to apply for maintenance and property orders, similar to those that a husband or wife in a formal marriage would be entitled to under the Matrimonial Proceedings and Property Act. However, it is important to note that there is no general right to maintenance under the Act. A court may grant a maintenance order if certain conditions are met, such as the applicant being unable to support themselves adequately due to having care of a child from the relationship, or if their earning capacity has been negatively impacted by the relationship.
Inheritance Rights
In the event of the death of a cohabitant without a valid will, the surviving partner may be entitled to a portion of the estate, provided they lived together for at least five years immediately before the death. The distribution of the estate will depend on whether the deceased has any children or a surviving legal spouse.
Agreements Regarding Rights and Obligations
The Act allows parties to enter into cohabitation agreements that outline their respective rights and obligations during their relationship, after it ends, or in the event of death or separation. These agreements can cover financial matters, property interests, maintenance, and the education and training of children. However, the Court retains the power to vary these agreements in certain circumstances.
Application Timelines
It is important to note that applications for maintenance or property orders must be made within two years of the relationship ending to avoid losing rights. Similarly, in the event of the death of a cohabitant, the surviving partner must file a notice of interest with the High Court within 28 days of the death.
While the Cohabitational Relationships Act provides important rights and protections for those in common-law relationships, it is always advisable to seek legal counsel to ensure that one's interests are protected and to navigate the complexities of the legal landscape.
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Rights under the Distribution of Estates Act
In Trinidad and Tobago, the Distribution of Estates Act, 2000, governs the rules of intestacy when a person dies without leaving a will or leaves a will that is later found to be invalid. The Act outlines the rights of different family members and cohabitants to inherit the estate of the deceased.
Under the Distribution of Estates Act, only married or civil partners and some other close relatives can inherit. This includes parents, brothers and sisters, and nieces and nephews of the deceased person. However, their ability to inherit is subject to certain conditions:
- Whether there is a surviving married or civil partner.
- Whether there are children, grandchildren, or great-grandchildren.
- In the case of nephews and nieces, whether the parent directly related to the deceased is also deceased.
- The amount of the estate.
The Act also provides rights to cohabitants in a common-law relationship. A common-law relationship is defined as when two persons of the opposite sex, not being married to each other, live or have lived together as husband and wife. To be recognised as a common-law spouse, the relationship must have lasted for at least five years, there must be a child or children of the relationship, or one party must have made substantial contributions to the relationship.
In cases of intestacy, the estate of the deceased is distributed according to the rules outlined in the Act. If the deceased leaves a surviving spouse but no issue, the entire estate goes to the spouse. If the deceased leaves issue but no spouse, the estate is distributed among the issue per stirpes. When the deceased leaves a spouse and more than one child, the surviving spouse receives one-half of the estate, and the remaining half is distributed to the children.
In addition to the rights under the Distribution of Estates Act, the legislation in Trinidad and Tobago outlines specific requirements for creating a valid will. The person making the will (the "testator") must have the mental and legal capacity to do so, and there must be a clear intention to dispose of the property. The will must be signed by or on behalf of the testator in the presence of two witnesses, who must also attest to the signature in the presence of the testator and each other. If these requirements are not met, a court may set aside the will.
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Requirements for maintenance orders
In Trinidad and Tobago, common-law relationships are recognised under the Cohabitational Relationships Act and the Distribution of Estates Act. These laws grant specific rights and protections to couples in a common-law marriage.
To be considered a common-law marriage in Trinidad and Tobago, the relationship must be between two persons of the opposite sex, who are not married to each other but are living or have lived together as husband and wife.
Now, let's delve into the requirements for maintenance orders in the context of common-law marriages in Trinidad and Tobago:
- Duration of the Relationship: One of the key requirements for a maintenance order is the duration of the common-law relationship. The relationship must have lasted for at least five years for either party to be eligible for maintenance considerations.
- Presence of Children: If there are children in the relationship, it increases the likelihood of a maintenance order being granted. The court may consider the best interests of the children and provide for their support through maintenance orders.
- Substantial Contributions: The court may also consider whether one party has made substantial contributions to the relationship, whether financial or non-financial. This could include contributions to the household, caring for children, or supporting the other party's career or education.
- Timely Application: It is essential to note that applications for maintenance orders must be made within two years of the separation. If the application is not made within this timeframe, the right to apply for maintenance may be lost.
- Court's Discretion: Ultimately, the decision to grant a maintenance order rests with the court. The court will consider all relevant factors and make a decision based on the specific circumstances of each case.
- Maintenance Duration: It is important to be aware that maintenance orders are typically granted for a limited duration. In Trinidad and Tobago, maintenance orders for common-law spouses are generally limited to a period of three years.
- Separation Agreements: While not a requirement, it is advisable for couples in a common-law marriage to consider entering into a separation agreement. This agreement can outline their rights and obligations regarding maintenance and property distribution during or after their relationship. While the court has the final say, having such an agreement in place can provide clarity and protect both parties' interests.
In summary, the requirements for maintenance orders in a common-law marriage in Trinidad and Tobago include meeting the duration threshold, the presence of children, substantial contributions by one party, and timely applications. The court has the discretion to consider all relevant factors and make decisions on a case-by-case basis. It is important for individuals in common-law marriages to understand their rights and obligations and to seek legal advice when navigating maintenance orders and separation agreements.
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Property rights
In Trinidad and Tobago, common-law relationships are recognised under the Cohabitational Relationships Act and the Distribution of Estates Act. These laws grant specific rights and protections to individuals in less formal unions who are living together as husband and wife without being legally married.
Under the Cohabitational Relationships Act, parties in a common-law relationship have rights similar to those of legally married spouses regarding property acquired during the relationship. This includes the right to apply for an interest in jointly acquired property. The court can issue property orders for a common-law spouse, taking into consideration factors such as the duration and nature of the relationship, as well as any substantial contributions made by either party.
To be granted a property order, the court must be satisfied that the common-law relationship has lasted for at least five years, or there is a child or children of the relationship, or the party has made substantial contributions. Applications for property orders must be made within two years of separation to avoid losing rights.
In the case of the death of a common-law spouse without a valid will, the surviving partner is entitled to a portion of the estate, provided they lived together for at least five years immediately before the death. The amount inherited by the surviving partner depends on whether there are children and/or a legally married spouse. If there are no children or a legally married spouse, the common-law spouse inherits the entire estate. With children and no legally married spouse, the common-law spouse inherits half of the estate. If there is a legally married spouse, the common-law spouse is entitled to a portion of the estate acquired during the relationship.
It is important to maintain records that prove the duration and nature of the relationship, as well as any financial and non-financial contributions made by each party. These records can be crucial in supporting claims for property rights in the event of a relationship breakdown or the death of a partner.
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Frequently asked questions
A relationship is considered common law as soon as two people start living together as husband and wife without being legally married. However, cohabitants do not obtain legal rights until they have been cohabiting for at least five continuous years.
For common-law spouses to be granted legal rights in Trinidad and Tobago, they must satisfy the court of one of the following:
- Their relationship has lasted for at least five years.
- There is a child or children together.
- One party has made substantial contributions to the relationship.
Common-law spouses in Trinidad and Tobago are recognised under the Cohabitational Relationships Act and the Distribution of Estates Act. These laws empower courts to make maintenance and property orders for common-law spouses.
Applications for maintenance must be made within two years of separation. Maintenance orders are only granted for three years.
No, you cannot apply for maintenance if your relationship ended over two years ago. The application must be made within two years after the day on which the parties ceased to live together.
