The law is a moveable feast and no two cases are ever the same. We can however give you an idea of what typically happens when you engage us as your legal representative.
Divorce
- Pre-Filing & Consultation
The process begins with a consultation to confirm eligibility. You must have been married for at least one year, and either you or your spouse must be domiciled or habitually resident in Trinidad & Tobago for the year prior to filing. - Filing the Petition
The Petitioner (the person initiating the divorce) files a Petition for Divorce in the Family Court. Grounds for divorce include adultery, unreasonable behaviour, desertion for two years, separation with consent for two years, or separation without consent for five years. - Service of Documents
The Respondent (the other spouse) is formally served with the petition and supporting documents. They can choose to agree, contest, or ignore the petition. - Response & Case Management
If uncontested, the case may proceed quickly. If contested, the court may schedule case management hearings to resolve issues such as custody, maintenance or property division. - Decree Nisi
If the court finds sufficient grounds for divorce, it issues a Decree Nisi – a provisional order stating that the marriage will be dissolved. - Waiting Period
A mandatory six-week waiting period follows the Decree Nisi. This allows time for appeals or reconciliation. - Decree Absolute
After the waiting period, the Petitioner applies for a Decree Absolute. Once granted, the divorce becomes legally final. - Ancillary Matters
Issues like child custody, spousal maintenance and property division may be addressed during or after the divorce process. These are often resolved through separate applications or consent orders.
Estimated time
- Pre-filing and consultation: 1–2 weeks
- Filing to Decree Nisi (uncontested): 2–4 months
- Waiting period: 6 weeks
- Decree Absolute: Within 1 month
- Contested cases: 6–12+ months depending on complexity
Criminal cases
- Arrest and Investigation
The process begins when the Trinidad and Tobago Police Service (TTPS) investigates a suspected offence. If sufficient evidence is found, the accused is arrested and taken into custody. For serious indictable offences – such as murder, rape, or human trafficking – the police may detain the individual while further inquiries are made. - Charge and First Court Appearance
Once charged, the accused appears before a Magistrate for the first hearing. This is where the charge is formally read, and bail may be considered. For serious offences, bail is often denied initially, and the matter is transferred to the High Court. - Sufficiency Hearing / Preliminary Inquiry
A Sufficiency Hearing (previously a Preliminary Inquiry) is held to determine whether there is enough evidence to proceed to trial. This step ensures that weak or unfounded cases are filtered out before reaching the High Court. - Indictment and Committal
If the evidence is deemed sufficient, the accused is committed to stand trial. The Director of Public Prosecutions (DPP) prepares and files an indictment, which formally sets out the charges to be tried in the High Court. - Pre-Trial Case Management
Before trial, the court may hold case management hearings to resolve procedural issues, confirm witness lists, and ensure both sides are ready. This stage helps streamline the trial and reduce delays. - Trial in the High Court
The trial is conducted before a judge and jury. Both prosecution and defence present evidence, examine witnesses, and make legal arguments. The jury deliberates and delivers a verdict of guilty or not guilty. - Sentencing
If convicted, the judge imposes a sentence based on the severity of the offence, mitigating factors and sentencing guidelines. Sentences may include imprisonment, fines or other penalties. - Appeal (if applicable)
The convicted person may appeal the verdict or sentence to the Court of Appeal. Appeals must be filed within a specific timeframe and are based on legal errors or procedural unfairness during the trial.
Estimated time
- Investigation and arrest: Variable (days to months)
- First hearing to sufficiency decision: 3–6 months
- Committal to trial: 6–12 months
- Trial and verdict: Several days to weeks
- Sentencing and appeal: 1–3 months post-verdict
Property disputes
- Initial Conflict or Discovery
The process often begins when a property owner notices an issue – such as an encroachment, unclear boundary or conflicting title. Disputes may arise from informal land use, inheritance misunderstandings or adverse possession claims. - Legal Consultation and Document Review
The client meets with a lawyer to assess the situation. This includes reviewing deeds, surveys, tax records, and any correspondence. The lawyer may also recommend a land surveyor to clarify boundaries or confirm encroachments. - Pre-Litigation Steps
Before heading to court, the lawyer may issue a formal legal letter to the opposing party. This letter outlines the dispute, requests corrective action, and may propose negotiation. In some cases, parties opt for mediation to resolve the issue amicably. - Filing a Claim in Court
If informal resolution fails, the aggrieved party files a civil claim in the High Court. The claim may involve: - Trespass to land
- Disputed title
- Boundary disagreements
- Adverse possession (e.g. ‘squatters’ rights; after 16 years of occupation)
- Case Management and Disclosure
The court schedules case management hearings to set timelines, exchange evidence, and narrow the issues. Both sides submit relevant documents, including expert reports from surveyors or valuators. - Trial
If no settlement is reached, the matter proceeds to trial. Witnesses may include landowners, surveyors and neighbours. The judge hears arguments and reviews evidence to determine rightful ownership or liability. - Judgment and Remedies
The court issues a judgment, which may include: - Declaration of ownership
- Injunctions to stop encroachment
- Orders for removal of structures
- Damages for loss of use or trespass
- Enforcement and Appeals
If the losing party fails to comply, enforcement actions may follow – such as court orders to demolish structures or transfer title. Either party may appeal the decision to a higher court within a specified timeframe.
Estimated time
- Consultation and pre-litigation: 2–6 weeks
- Filing to first hearing: 1–3 months
- Case management and disclosure: 3–6 months
- Trial and judgment: 6–12+ months depending on complexity
- Appeals (if any): Additional 6–12 months
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