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TSUNADE SENJU LLB, LEC, MBA

Attorney-at-Law
Hokage Chambers
Tower No. 1, Konoha Street
Port of Spain.
Tel: (868) 627-2776 Fax: (868) 627-3468
Email: tsenju@gmail.com

10th January 2015


Gabriella Harley
No. 4 Holiday Park
The Views
Trinidad
Dear Madam,
Re: Grounds for divorce and documents needed
I refer to the above captioned matter and to your visit at my office on 8th January 2015.
Firstly, you indicated that your marriage was sanctified in the Bahamas. It is advised that
according to s. 2A (2) (a) of the Matrimonial Proceedings and Property Act Chap 45:51
(hereinafter The Act) once either of the parties have been domiciled in Trinidad and Tobago
on the date when proceedings are begun, the Court shall have jurisdiction to entertain the
divorce proceedings. Thus, you are within the jurisdiction to commence the filing of a
petition. Further since you have been married for fifteen (15) years you have satisfied the
marriage time period one year or more for presentation of a petition before the Court laid out
in s.5 (1) of the Act.
The Act via s.3 provides exclusively that the only ground on which the petition can be
brought before the Court is such where the marriage has broken down irretrievably. The
Court compels the Petitioner to satisfy particulars in s. 4 when ascertaining whether a
marriage has broken down irretrievably. From the facts you have communicated to me, you
will be most successful and in satisfying s. 4 (1) (a) which states that the petitioner can
commence proceedings provided they can show that the respondent behaved in such a way
that the petitioner cannot be reasonably expected to live with them. In light of the domestic
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Student ID: 14356

violence you were subjected to throughout your marriage and the subsequent Protection
Order you sought, you can successfully petition to the Court for dissolution of marriage.
In advising you thoroughly, I would like to indicate that one of the particulars set out in s.4 is
that of adultery. Even though the birth certificate of Liam Waddell is evidence enough to
satisfy adultery, it may not be the most prudent since infidelity is an issue with both parties.
Further in accordance with s. 8 (3) of the Act Thus I advise on the behaviour of the
respondent given his violent nature and your subsequent Protection Order, which will prove
his violence.
With regard to the matrimonial assets, it was established in Roche v Roche [1981] 11 Fam
Law 243 CA that in seeking financial relief including an application for a lump sum, you can
seek an injunction from Court restraining the respondent from disposing of the matrimonial
assets.
Since you are seeking the divorce, you will have to file the petition. This petition contains
every element of the divorce procedure including the grounds on which you rely for
dissolution of the marriage, every form that must be filed in accordance to divorce procedure
and listing of issues such as the granting of the matrimonial assets.
I further advise on the documents that accompanies the petition. Firstly the following
documents would have to be furnished to exhibit in the petition:
i.
ii.

Original or certified copy of the Marriage Certificate;


Affidavit of truth

iii.
iv.

Birth Certificates of the children of the family and


Extract of the issued Protection Order

Rule 9.6 of the Family Proceeding Rules 1998 provides for a Statement of Arrangement for
children. This includes plans that are being made to look after the children of the family. It
would also entail an estimate as to the net cost of the financial needs of the said children.
I would like you to note that the Court will not legally end the marriage unless arrangements
are made for the children.

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Lastly, pursuant to s. 8 (1) of the Act, as your Attorney-at-law I will have to furnish a
Certificate of Reconciliation indicating that I have discussed and provided you with persons
or organisations who are qualified to help with reconciliation, should you consider it.
Should you have questions or inquiries as to the above advice please do not hesitate to
contact me.

Yours faithfully,

______________________
Tsunade Senju
Attorney-at-Law

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