Practice Note for Common Applications made to The Court for Parties in Common Law Unions and the Orders made by The Courts in such circumstances: A study of Barbados, Guyana and Trinidad and Tobago.

Abstract

There are three jurisdictions in the English-Speaking Caribbean where rights of persons in common law relationships are formally recognised. These are Barbados, Guyana and Trinidad and Tobago. This Practice Note looks at the contemplation of the Legislature in each territory, when passing the respective pieces of legislation governing these types of relationships. The respective Acts and case law; how such relationships are identified; the types of applications that can be made before the courts and the types of orders the courts are empowered to make, will be discussed. This discourse is important to the regional jurisprudence, as the number of couples who live under such circumstances, many times acquiring property and raising children, are substantial enough to warrant a clear understanding of the law in this area. It is written with the young practitioner in mind, or for a practitioner seeking to gain better insight on this area of Family Law.