Married Persons
MARRIED PERSONS ACT
CHAPTER 45:50
LAWS OF TRINIDAD AND TOBAGO
Act
52 of 1976
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–20 ..
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note on section 15(3)
For Rules of Court made under section 15(3) of the Act of this Chapter, see Order 86 of the
Rules of the Supreme Court 1975 inserted at the end of this Chapter as an Appendix.
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CHAPTER 45:50
MARRIED PERSONS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Capacity of married women.
4. Property of married women.
5. Undivided shares and joint ownership.
6. Married woman as sole protector of settlement.
7. Abolition of restraint upon anticipation.
8. Contributions of spouses to improvement of property.
9. Money and property derived from housekeeping allowance.
10. Investments by spouse of money of other spouse without consent.
11. Moneys payable under policies of insurance not to form part of estate
of the insured.
12. Questions between husband and wife as to property may be decided
in summary way.
13. Time limit for bringing application under section 12.
14. Criminal proceedings by married persons in respect of their property.
15. Actions in tort between husband and wife.
16. Abolition of husband’s liability for wife’s torts and ante-nuptial
contracts, debts and obligations.
17. Savings.
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CHAPTER 45:50
MARRIED PERSONS ACT
An Act to consolidate and amend the law relating to the
capacity, property and liabilities of married women, the
liabilities of husbands, and matters connected therewith.
[1ST JUNE 1977]
1. This Act may be cited as the Married Persons Act.
2. In this Act—
“Judge” means a Judge of the High Court;
“property” means any real or personal property, any estate or
interest in real or personal property, any money, any
negotiable instrument, debt or other chose in action, and any
other right or interest whether in possession or not.
3. Subject to this Act, a married woman shall—
(a) be capable of acquiring, holding, and disposing
of any property;
(b) be capable of rendering herself, and being
rendered, liable in respect of any tort, contract,
debt or obligation;
(c) be capable of suing and being sued, either in tort
or in contract or otherwise; and
(d) be subject to the law relating to bankruptcy and
to the enforcement of judgments and orders,
in all respects as if she were a feme sole.
4. Subject to this Act, all property which—
(a) immediately before 1st January 1937 was the
separate property of a married woman or held for
her separate use in equity; or
(b) belongs at the time of her marriage to a woman
married on or after 1st January 1937; or
52 of 1976.
Commencement.
85/1977.
Short title.
Interpretation.
Capacity of
married women.
Property of
married women.
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(c) on or after 1st January 1937 is acquired by or
devolves upon a married woman,
belongs to her in all respects as if she were a feme sole and may be
disposed of accordingly.
5. A husband and wife shall, for all purposes of acquisition of
any interest on or after 1st January 1937, be treated as two persons.
6. (1) Where a married woman would, if single, be the
protector of a settlement in respect of a prior estate, then she alone
shall, in respect of that estate, be the protector of the settlement.
(2) This section applies to disentailing assurances and
surrenders made after 31st December 1884.
7. (1) No restriction upon anticipation or alienation
attached, or purported to be attached, to the enjoyment of any
property by a woman which could not have been attached to the
enjoyment of that property by a man shall be of any effect after the
commencement of this Act.
(2) Subsection (1) shall have effect whatever is the date
of passing, execution or coming into operation of the written law
or instrument containing the provision by virtue of which the
restriction was attached or purported to be attached.
8. (1) This section applies where a husband or wife makes a
contribution of a substantial nature in money or money’s worth to
the improvement of property in which, or in the proceeds of sale
of which, either or both of them has or have a beneficial interest.
(2) The contributing spouse shall be treated as having
then acquired by virtue of his or her contribution a share, or an
enlarged share, as the case may be, in that beneficial interest of
such an extent—
(a) as may have been agreed upon between them; or
(b) in default of any such agreement as may seem, in
all circumstances, just to any Court before which
the question of the existence or the extent of the
Undivided
shares and joint
ownership.
Married woman
as sole protector
of settlement.
Abolition of
restraint upon
anticipation.
Contributions
of spouses to
improvement of
property.
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beneficial interest of the husband or wife arises
(whether in proceedings between them or in any
other proceedings).
9. Where any question arises as to the right of a husband or
wife to money derived from any allowance made by the husband
or wife for the expenses of the matrimonial home or for similar
purposes, or to any property acquired out of the money, the money
or property shall, in the absence of any agreement between them
to the contrary, be treated as belonging to the husband and the
wife in equal shares.
10. (1) Where any deposit or investment is made by a spouse
by means of money of the other spouse without his or her consent,
a Judge may, upon an application under section 12, order the deposit
or investment and the dividends thereof to be transferred and paid
to the other spouse.
(2) Nothing in this Act shall give validity as against the
creditors of a person to any gift by that person to his or her spouse
of any property, which, after the gift, shall continue to be in the
order and disposition or reputed ownership of such person, or by
any deposit or other investment of moneys of such person made
by or in the name of his or her spouse in fraud of his or her creditors;
but any moneys so deposited or invested may be followed as if
this Act had not been passed.
11. (1) A married woman may effect a policy upon her own
life or the life of her husband for her own benefit; and the same
and all benefit thereof shall enure accordingly.
(2) Subject to subsection (3), a policy of insurance
effected by any man on his own life, and expressed to be for the
benefit of his wife, or of his children, or of his wife and children or
any of them, or by any woman on her own life, and expressed to
be for the benefit of her husband, or of her children, or of her
husband and children, or any of them, shall create a trust in favour
of the objects therein named, and the money payable under any
such policy shall not, so long as any object of the trust remains
unperformed, form part of the estate of the insured, or be subject
to his or her debts.
Money and
property
derived from
housekeeping
allowance.
Investments by
spouse of
money of other
spouse without
consent.
Moneys payable
under policies of
insurance not to
form part of
estate of the
insured.
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(3) Where it is proved that the policy was effected and
the premiums paid with intent to defraud the creditors of the insured,
they are entitled to receive, out of the moneys payable under the
policy, a sum equal to the premiums so paid.
(4) The insured may, by the policy, or by any
memorandum under his or her hand, appoint a trustee or trustees
of the moneys payable under the policy, and from time to time
appoint a new trustee or new trustees thereof, and may make
provision for the appointment of a new trustee or new trustees
thereof, and for the investment of the moneys payable under any
such policy.
(5) In default of the appointment of a trustee under
subsection (4), the policy immediately on its being effected shall
vest in the insured and his or her legal personal representatives in
trust for the purposes aforesaid.
(6) The receipt of a trustee or trustees duly appointed,
or in default of any such appointment, or in default of notice to
the insurance office, the receipt of the legal personal
representative of the insured, shall be a discharge to the office
for the sum secured by the policy or for the value thereof, in
whole or in part.
12. (1) Subject to this section, in any question between
husband and wife as to the title to or possession of property, either
party may apply by summons to a Judge, and the Judge may make
such order with respect to the property in dispute as he thinks fit,
or may direct the application to stand over from time to time, and
any enquiry touching the matters in question to be made in such
manner as he thinks fit.
(2) For the avoidance of doubt it is hereby declared
that any power conferred by subsection (1) to make orders
with respect to any property includes power to order a sale of
the property.
(3) Any right of a party to a marriage under subsection (1)
to apply to a Judge includes the right to make such an application
Questions
between
husband and
wife as to
property may be
decided in
summary way.
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where it is claimed by one party (in this section called “the claimant
party”) that the other party (in this section called “the respondent
party”) has had in his possession or under his control—
(a) money to which, or to a share of which the
claimant party was beneficially entitled (whether
by reason that it represented the proceeds of
property to which, or to an interest in which, the
claimant party was beneficially entitled, or for
any other reason); or
(b) property (other than money) to which, or to an
interest in which, the claimant party was
beneficially entitled,
and that either that money or other property has ceased to be in the
respondent party’s possession or under his control or that the
claimant party does not know whether it is still in the possession
or under the control of the respondent party.
(4) Where, on an application made to a Judge by virtue
of subsection (3), the Judge is satisfied—
(a) that the respondent party has had in his possession
or under his control money or other property as
mentioned in subsection (3)(a) or (b); and
(b) that he has not made to the claimant party in
respect of that money or other property such
payment or disposition as would have been
appropriate in the circumstances,
the power to make orders under that subsection shall be extended
in accordance with subsection (5).
(5) Where subsection (4) applies, the power to make
orders under subsection (1) includes power for the Judge to order
the respondent party to pay to the claimant party—
(a) in a case falling within subsection (3)(a), such
sum in respect of the money to which the
application relates, or the claimant party’s share
thereof, as the case may be; or
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(b) in a case falling within subsection (3)(b), such
sum in respect of the value of the property to
which the application relates, or the claimant
party’s interest therein, as the case may be,
as the Judge may consider appropriate.
(6) Where on an application by virtue of subsection (3) it
appears to the Judge that there is any property which—
(a) represents the whole or part of the money or
property in question; and
(b) is property in respect of which an order could have
been made under that subsection if any application
had been made by the claimant party thereunder
in a question as to the title to or possession of
that property,
the Judge [either in substitution for or in addition to the making of
an order in accordance with subsection (5)] may make any order
under that subsection in respect of that property which he could
have made on such an application as is mentioned in paragraph (b).
(7) Any power of a Judge under subsection (1) to direct
inquiries or give any other directions in relation to an application
under that subsection shall be exercisable in relation to an
application made under subsection (3).
(8) In subsection (4) “disposition” does not include any
provision contained in a Will, but, with that exception, includes
any conveyance, assurance or gift of property whether made by an
instrument or otherwise.
13. An application may be made to a Judge under section 12 by
either of the parties to the marriage notwithstanding that their
marriage has been dissolved or annulled, if the application is made
within three years after the dissolution or annulment of the marriage.
14. (1) This section shall apply in relation to the parties to a
marriage, and to the property belonging to the wife or husband
whether or not by reason of an interest derived from the marriage,
as it would apply if they were not married and any such interest
subsisted independently of the marriage.
Time limit for
bringing
application
under
section 12.
Criminal
proceedings by
married persons
in respect of
their property.
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(2) Subject to subsection (5), a person shall have the same
right to bring proceedings against that person’s wife or husband
for any offence (whether under any written law or otherwise) as if
they were not married, and a person bringing any such proceedings
shall be competent to give evidence for the prosecution at every
stage of the proceedings.
(3) Subject to subsection (4), where a person is charged
in proceedings not brought by that person’s wife or husband with
having committed any offence with reference to that person’s
wife or husband or to property belonging to the wife or husband,
the wife or husband shall be competent to give evidence at every
stage of the proceedings, whether for the defence or for the
prosecution, and whether the accused is charged solely or jointly
with any other person.
(4) The wife or husband (unless compellable at
common law) shall not be compellable either to give evidence
or, in giving evidence, to disclose any communication made to
her or him during the marriage by the accused, and her or his
failure to give evidence shall not be made the subject of any
comment by the prosecution.
(5) No proceedings shall be instituted against a person
for any offence of larceny or committing unlawful or malicious
damage to property which at the time of the offence belongs to
that person’s wife or husband, or for any attempt, incitement or
conspiracy to commit such an offence, unless the proceedings
are instituted by or with the consent of the Director of Public
Prosecutions.
(6) Subsection (5) shall not—
(a) apply to proceedings against a person for an
offence, if that person is charged with committing
the offence jointly with the wife or husband, or if
by virtue of any judicial decree or order (wherever
made) that person and the wife or husband are at
the time of the offence under no obligation to
cohabit; and
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(b) prevent the arrest, or the issue of a warrant for
the arrest, of a person for an offence, or the remand
in custody or on bail of a person charged with an
offence, where the arrest (if without a warrant) is
made, or the warrant or arrest issues on an
information laid, by a person other than the wife
or husband.
15. (1) Subject to this section, each of the parties to a marriage
shall have the like right of action in tort against the other as if they
were not married.
(2) Where an action in tort is brought by one of the parties
to a marriage against the other during the subsistence of the
marriage the Court may stay the action if it appears—
(a) that no substantial benefit would accrue to
either party from the continuation of the
proceedings; or
(b) that the question or questions in issue could more
conveniently be disposed of on an application
made under section 12,
and without prejudice to paragraph (b) the Court may, in such an
action, either exercise any power which could be exercisable on
an application under section 12, or give such directions as it
thinks fit for the disposal under that section of any question
arising in the proceedings.
(3) Provision shall be made by Rules of Court for
requiring the Court to consider at an early stage of the proceedings
whether the power to stay an action under subsection (2) should
or should not be exercised.
(4) In this section the expression “the parties to a
marriage” includes the persons who were parties to a marriage
which has been dissolved.
(5) This section does not apply to any cause of action
which arose, or would but for the subsistence of a marriage have
arisen, before the commencement of this Act.
Actions in tort
between
husband and
wife.
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16. Subject to this Act, the husband of a married woman shall
not, by reason only of his being her husband, be liable—
(a) in respect of any tort committed by her whether
before or after the marriage, or in respect of any
contract entered into, or debt or obligation
incurred, by her before the marriage; or
(b) to be sued, or made a party to any legal
proceedings brought, in respect of any such tort,
contract, debt, or obligation.
17. (1) Nothing in this Act shall—
(a) during coverture which began before 1st
January 1885, affect any property to which the
title (whether vested or contingent, and whether
in possession, reversion, or remainder) of a
married woman accrued before that date, except
property held for her separate use in equity;
(b) affect any legal proceedings in respect of any tort
if proceedings had been instituted in respect
thereof before 1st January 1937;
(c) enable any judgment or order against a married
woman in respect of a contract entered into, or
debt or obligation incurred, before 1st January 1937,
to be enforced in bankruptcy or to be enforced
otherwise than against her property.
(2) For the avoidance of doubt it is hereby declared that
nothing in this Act—
(a) renders the husband of a married woman liable
in respect of any contract entered into, or debt or
obligation incurred, by her after the marriage in
respect of which he would not have been liable if
this Act had not been passed;
(b) exempts the husband of a married woman from
liability in respect of any contract entered into or
debt or obligation (not being a debt or obligation
arising out of the commission of a tort) incurred
Abolition of
husband’s
liability for
wife’s torts and
ante-nuptial
contracts, debts
and obligations.
Savings.
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by her, after the marriage in respect of which
he would have been liable if this Act had not
been passed;
(c) prevents a husband and wife from acquiring,
holding, and disposing of, any property jointly
or as tenants in common, or from rendering
themselves, or being rendered, jointly liable in
respect of any tort, contract, debt or obligation,
and of suing and being sued either in tort or in
contract or otherwise, in like manner as if they
were not married;
(d) prevents the exercise of any joint power given to
a husband and wife;
(e) exempts any married woman from liability under
the bankruptcy laws in respect of any contract
entered into, or debt or obligation incurred, by
her before 1st January 1937, in relation to any
trade or business carried on by her, and in respect
of which she would have been so liable if this
Act had not been passed.
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APPENDIX
ORDER 86
PROCEEDINGS RELATING TO MINORS,
MATRIMONIAL STATUS AND SPOUSES
I. MINORS
Interpretation
1. In this Order—
“the Act” means the Infants Act, Ch. 46:02;
“the Family Law Act” means the Family Law (Guardianship
of Minors, Domicile and Maintenance) Act, Ch. 46:08.
2. (1) Subject to paragraph (2) an application concerning
the maintenance or advancement of minors or made under the
Family Law Act or under Part III of the Act shall be made to a
Judge in Chambers by an originating summons intituled—
(i) in the case of an application under the
Family Law Act—
In the matter of the Minor
and
In the Matter of the Family Law
(Guardianship of Minors,
Domicile and Maintenance) Act,
Ch. 46:08;
(ii) in the case of an application under the
Act—
In the matter of the Minor
and
In the matter of the Infants Act,
Ch. 46:02.
(2) (a) Where any proceedings (including proceedings
for divorce or judicial separation) are pending in
relation to the minor; or
Ch.46:08.
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(b) when the minor is a ward of Court or the
administration of the estate or the maintenance
or advancement of the minor is under the direction
of the Court,
the application shall be made by summons.
Power of Judge pending Appeal
3. Where an appeal is entered against a judgment given or
order made under rule 2 the Judge by whom the judgment was
given or the order was made may make such orders either ex parte
or otherwise as he may think proper.
Application to make a Minor a Ward of Court
4. (1) An application to make a minor a ward of Court must
be made by originating summons.
(2) Where there is no person other than the minor who is
a suitable defendant, an application may be made ex parte for leave
to issue either an ex parte originating summons or an originating
summons with the minor as defendant thereto; and except where
such leave is granted, the minor shall not be made a defendant to
an originating summons under this rule in the first instance.
(3) The date of the minor’s birth shall, unless otherwise
directed, be stated in the summons and the plaintiff shall—
(a) on issuing the summons or before or at the first
hearing thereof lodge in the appropriate Registry
a certified copy of the entry in the Register of
Births, or, as the case may be, in the Adopted
Children Register relating to the minor; or
(b) at the first hearing of the summons apply for
directions as to proof of birth of the minor in some
other manner.
(4) Unless the Court otherwise directs, the summons shall
state the whereabouts of the minor or, as the case may be, that the
plaintiff is unaware of the whereabouts.
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(5) Every defendant other than the minor shall,
forthwith after being served with the summons —
(a) lodge in the appropriate Registry a notice stating
the address of the defendant and the whereabouts
of the minor, or as the case may be, that the
defendant is unaware of his whereabouts; and
(b) unless the Court otherwise directs, serve a copy
of the notice on the plaintiff.
(6) Where any party other than the minor changes his
address or becomes aware of any change in the whereabouts of
the minor after the issue or, as the case may be, service of the
summons, he shall, unless the Court otherwise directs, forthwith
lodge notice of the change in the appropriate Registry and serve a
copy of the notice on every other party.
(7) The summons shall contain a notice to the defendant
informing him of the requirements of paragraphs (5) and (6).
(8) In this rule any reference to the whereabouts of a
minor is a reference to the address at which and the person with
whom he is living and any other information relevant to the
question where he may be found.
When Minor ceases to be a Ward of Court
5. (1) A minor who, by virtue of section 35(2) of the Family
Law Act, becomes a ward of Court on the issue of a summons
under rule 4 shall cease to be a ward of Court—
(a) if an application for an appointment for the
hearing of the summons is not made within the
period of 21 days after the issue of the summons,
at the expiration of that period;
(b) if an application for such an appointment is made
within that period, on the determination of the
application made by the summons unless the
Court hearing it orders that the minor be made a
ward of Court.
Ch. 46:08.
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Ch. 46:08.
Ch. 46:08.
Ch. 46:01.
(2) Nothing in paragraph (1) shall be taken as affecting
the power of the Court under section 35(3) of the Family Law Act
to order that any minor who is for the time being a ward of Court
shall cease to be a ward of Court.
(3) If no application for an appointment for the hearing
of a summons under rule 4 is made within the period 21 days after
the issue of the summons, a notice stating whether the applicant
intends to proceed with the application made by the summons must
be left at the appropriate Registry immediately after the expiration
of that period.
Application under the Family Law Act, Ch. 46:08
6. Where there is pending any proceeding by reason of which
a minor becomes a ward of Court, any application relating to the
guardianship of minors under the Family Law Act with respect to
that minor may be made by summons in that proceeding, but
except in that case any such application shall be made by
originating summons.
Defendants to Guardianship Summons
7. (1) Where the minor with respect to whom an application
under the Family Law Act is made is not the plaintiff, he shall
not, unless the Court otherwise directs, be made a defendant to
the summons or, if the application is made by ordinary summons,
be served with the summons, but subject to paragraph (2) any
other person appearing to be interested in, or affected by the
application shall be made a defendant or be served with the
summons, as the case may be, including, where the application
is made under section 13 of the Family Law Act with respect
to a minor who has been received into the care of a certified
school within the meaning of Part III of the Children Act,
that school.
(2) The Court may dispense with service of the
summons (whether originating or ordinary) on any person and
may order it to be served on any person not originally served.
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Ch. 46:08.
Ch. 46:07.
Ch. 46:08.
Ch. 45:51.
Guardianship Proceedings may be in Chambers
8. Applications under the Family Law Act relating to the
guardianship of minors may be disposed of in Chambers.
Application for Paternity Orders under section 10 of the
Status of Children Act Ch. 46:07
9. An application for a paternity order under section 10 of
the Status of Children Act, shall be made by originating summons.
Removal of Proceedings from a Magistrate’s Court
10. (1) An application for an order under section 46(1) of
the Family Law Act for the removal of an application from a
Magistrate’s Court into the High Court shall be made ex parte by
an originating summons, but the Court may direct that the
summons shall be served on any person.
(2) The application may be heard by the Registrar or by
an Assistant Registrar, but, if an order is made for the removal to
the High Court of an application to the Magistrate’s Court, that
application shall be heard by a single Judge of the Court.
(3) Where an order is made under the said section 46(1),
the plaintiff shall send a copy of the order to the Clerk of the
Peace of the Magistrate’s Court from which the proceedings are
ordered to be removed.
(4) On receipt of certified copies of all entries in the
books of the Magistrate’s Court relating to the proceedings
together with all documents filed in the proceedings the Registrar
shall forthwith file the said documents and give notice to all
parties that the application is proceeding in the High Court.
(5) The application so removed shall proceed in the
High Court as if it had been made by originating summons.
Application of Matrimonial Causes Rules
11. (1) Rules 68 to 71 (inclusive) of the Matrimonial Causes
Rules (which relate to proceedings under section 50 of the
Matrimonial Proceedings and Property Act) shall apply, with
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LAWS OF TRINIDAD AND TOBAGO
Married Persons Chap. 45:50 19
the necessary modifications, to proceedings under section 13
of the Family Law Act.
(2) Rules 41, 44 and 45 of the Matrimonial Causes Rules
(which relate to the drawing up and service of orders) shall apply
to proceedings under this Part of this Order as if they were
proceedings under those rules.
II. MATRIMONIAL STATUS
Application for Declaration affecting Matrimonial Status
12. (1) Where, apart from costs, the only relief sought in any
proceedings is a declaration with respect to the matrimonial status
of any person, the proceedings shall be begun by petition.
(2) The petition shall state—
(a) the names of the parties and the residential
address of each of them at the date of presentation
of the petition;
(b) the place and date of any ceremony of marriage
to which the application relates;
(c) whether there have been any previous proceedings
between the parties with reference to the marriage
or the ceremony of marriage to which the
application relates or with respect to the
matrimonial status of either of them and, if so,
the nature of those proceedings;
(d) all other material facts alleged by the petitioner
to justify the making of the declaration and the
grounds on which he alleges that the Court has
jurisdiction to make it,
and shall conclude with a prayer setting out the declaration
sought and any claim for costs.
(3) Nothing in the foregoing provisions shall be
construed—
(a) as conferring any jurisdiction to make a
declaration in circumstances in which the Court
could not otherwise make it; or
Ch. 46:08.
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LAWS OF TRINIDAD AND TOBAGO
20 Chap. 45:50 Married Persons
Ch. 45:50.
(b) as affecting the power of the Court to refuse to
make a declaration notwithstanding that it has
jurisdiction to make it.
Further Proceedings on Petition under Rule 12
13. Subject to rule 12, the Matrimonial Causes Rules shall
apply with the necessary modifications to the petition as if it
were a petition in a matrimonial cause.
III. SPOUSES
Provisions as to Actions in Tort
14. (1) This rule applies to any action in tort brought by one
of the parties to a marriage against the other during the subsistence
of the marriage.
(2) On the first application by summons or motion in an
action to which this rule applies, the Court shall consider, if
necessary of its own motion, whether the power to stay the action
under section 15(2) of the Married Persons Act, should or should
not be exercised.
(3) Notwithstanding anything in Order 13 or Order 19
judgment in default of appearance or of defence shall not be
entered in an action to which this rule applies except with the
leave of the Court.
(4) An application for the grant of leave under
paragraph (3) must be made by summons and the summons
must, notwithstanding anything in Order 65, rule 9, be served
on the defendant.
(5) If the summons is for leave to enter judgment in default
of appearance, the summons shall not be issued until after the
time limited for appearing.
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