April 21st, 2025
By Kristian Dass of Magnus Attorneys-at-Law
In an age where modern relationships take many forms, an increasing number of couples in Trinidad and Tobago are choosing to live together without getting married. While this may reflect a personal or practical decision, it raises important legal questions, especially when the relationship breaks down. What rights do you have if you’re not legally married? Can you claim a share in property acquired during the relationship? The answers lie in the Cohabitational Relationships Act, 1998 (“the CR Act”).
What Is a Cohabitational Relationship?
Under the Cohabitational Relationships Act, a cohabitational relationship is defined as one where a man and a woman live together as husband and wife on a bona fide domestic basis but are not legally married to each other.
The courts do not rely on a single factor to determine whether such a relationship exists. Instead, all the circumstances of the relationship are taken into account, including the following matters as may be relevant in a particular case:
(a) the duration of the relationship;
(b) the nature and extent of common residence;
(c) whether or not a sexual relationship exists;
(d) the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties;
(e) the ownership, use and acquisition of property;
(f) the degree of mutual commitment to a shared life;
(g) the care and support of children;
(h) the performance of household duties; and
(i) the reputation and public aspects of the relationship.
It is worth noting that being legally married to someone else does not necessarily disqualify a person from being in a cohabitational relationship under the CR Act. However, the onus rests upon the Applicant to establish that he/she is living and/or has lived with the Respondent/their partner in a cohabitational relationship.
When can a Property Settlement Application be made?
The breakdown of a cohabitational relationship can lead to serious disputes over property. Fortunately, the CR Act allows a party to apply to the High Court for a property adjustment order. However, not all cohabitants qualify to apply—he/she must satisfy at least one of the following criteria:
a. the Applicant lived in a cohabitational relationship with the respondent for a period of not less than five years: or
b. the Applicant has a child arising of the cohabitational relationship; or
c. the Applicant has made substantial contributions of he kind referred to in section 10 of the CR Act.
and that failure to make an order would result in grave injustice to the Applicant
The application must be filed within two (2) years of the relationship’s breakdown. However, the court may permit a late application if denying it would cause undue hardship to the Cohabitant/Applicant or a child of the cohabitational relationship.
What Will the Court Consider?
When deciding whether to grant a property adjustment order, the court will look at the contributions made by each party, whether direct or indirect, financial or otherwise. These contributions may include:
(a) the financial contributions made directly or indirectly by or on behalf of the cohabitants to the acquisition or improvement of the property and the financial resources of the partners; and
(b) any other contributions, including any contribution made in the capacity of homemaker or parent, made by either of the cohabitants to the welfare of the family constituted by them; and
(c) the right, title, interest or claim of the parties in the property.
The court aims to arrive at a just and equitable distribution of assets, in order to ensure that one partner is not unfairly disadvantaged simply because they are not married.
Other Remedies: Maintenance and Cohabitation Agreements
The CR Act also allows for maintenance orders, though these are not guaranteed. Maintenance may be granted if:
(a) that the Applicant is unable to support himself/herself adequately by reason of having the care and control of a child of the cohabitational relationship, or a child of the Respondent, being in either case, a child who is—
(i)under the age of 12 years; or
(ii)In the case of a physically disabled or mentally ill child, under the age of 18 years.
(b) that the Applicant’s earning capacity has been adversely affected by the circumstances of the relationship, and in the opinion of the court a maintenance order would increase the Applicant’s earning capacity by enabling the Applicant to undertake a course or programme of training or education; and
(c) having regard to all the circumstances of the case, it is reasonable to make the order.
Couples can also protect themselves in advance by entering into a Cohabitation Agreement. This is a legally binding contract that sets out the respective parties’ rights to property, maintenance, and other matters. These agreements can be made before, during, or after the cohabitational relationship and it may be varied by the court to prevent an injustice to either party. However, persons in Trinidad and Tobago have been slow to utilize such agreements. Local and foreign cases recommend that these agreements ought to be prepared by an Attorney at Law and that each party ought to have independent legal advice before signing a Cohabitation Agreement.
Conclusion: Know Your Rights
Cohabitational relationships carry significant legal implications in Trinidad and Tobago. Though not married “on paper”, the law recognizes the deep personal, financial, and emotional investment that often characterizes such unions.
If you’re in a cohabitational relationship or common law relationship or you are leaving one, it’s crucial to understand your rights, responsibilities, and time limits to make a claim for maintenance or property adjustment in Court. Legal advice at the right time can make all the difference.
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Every legal situation is unique. If you require legal advice or representation, please contact a qualified attorney at law.
