In Trinidad and Tobago, common-law relationships—defined as two persons of the opposite sex living together as husband and wife without being legally married—are recognized under specific laws that grant certain rights and protections. These laws are the Cohabitational Relationships Act and the Distribution of Estates Act. Here’s a detailed look at what these laws entail and practical advice on how to navigate them.
Cohabitational Relationships Act
Key Provisions:
- Maintenance and Property Orders:
- The court can issue maintenance and property orders for a common-law spouse.
- To qualify, the relationship must have:
- Lasted at least five years, or
- Produced children, or
- Included substantial contributions by one party.
Substantial Contributions:
- Financial support (direct or indirect)
- Contributions as a homemaker or parent
- Application Timeline:
- Applications for orders must be made within two years of separation.
- Cohabitational Agreements:
- Parties can enter into agreements regarding their rights and obligations.
- These agreements can be made before, during, or after the relationship.
- The court can vary these agreements under certain conditions.
Advice:
- Document Contributions: Keep detailed records of financial and non-financial contributions to the relationship.
- Seek Legal Counsel: Before entering a cohabitational agreement, consult a lawyer to ensure your interests are protected.
- Timely Applications: If the relationship ends, apply for maintenance or property orders within the specified two-year period to avoid losing your rights.
Distribution of Estates Act
Key Provisions:
- Inheritance Rights:
- If a common-law spouse dies 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 deceased’s death.
- Entitlement Breakdown:
- No children and no 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.
- With a legally married spouse: The common-law spouse is entitled to a portion of the estate acquired during the relationship.
- Claiming the Estate:
- File a notice of interest with the High Court within 28 days of the partner’s death.
- Apply to the court within three months to confirm the relationship and determine the share of the estate.
Advice:
- Timely Claims: Ensure claims are made within the prescribed timelines to avoid losing inheritance rights.
- Documentation: Maintain records that prove the duration and nature of the relationship.
- Legal Advice: Consult a legal adviser for guidance on filing notices and applications to ensure compliance with legal requirements.
Legal References and Resources
For detailed legal text and further clarification, refer to the following resources:
- Cohabitational Relationships Act: Available at the Ministry of the Attorney General and Legal Affairs website here https://agla.gov.tt/
- Distribution of Estates Act: Available at the Ministry of the Attorney General and Legal Affairs website here https://agla.gov.tt/
Practical Steps
- Consult a Legal Professional: Always seek legal advice tailored to your specific situation.
- Maintain Detailed Records: Document all contributions and the duration of your relationship.
- Understand Your Rights: Familiarize yourself with the provisions of the Cohabitational Relationships Act and the Distribution of Estates Act to safeguard your rights.
Navigating the legal landscape of common-law relationships in Trinidad and Tobago can be complex, but understanding your rights and the relevant laws can help you make informed decisions and protect your interests.
