The Division of Your Marital Property
In the UK, striving for a fair and equitable split of matrimonial assets is frequently sought in divorce settlements. Unfortunately though, these cases often don’t wind up with an even 50/50 division due to extraneous circumstances that complicate or overshadow proceedings.
The assets that you and your spouse acquire as a married couple must be divided between you equitably upon divorce, which means fairly in relation to a wide range of factors that include:
- Each spouse’s financial situation
- Each spouse’s overall contributions to the acquisition of marital assets, including contributions related to homemaking and caring for the children
- Each spouse’s economic circumstances at the time of the divorce
- Any increase or decrease in the value of separate property and the degree to which separate assets were used for marital purposes
Your Pets and Divorce
The law is clear about who owns a family pet. It is classed as chattel, i.e. an item of personal property, and, technically, the person who bought the animal and to whom it is registered will keep it. The only exception is if there is clear evidence that the animal was subsequently gifted to the other party.
Getting a petnup
When two people come together, they oftentimes consider sharing more than just their love; couples nowadays are now opting to put pen to paper and make a concrete agreement covering even the care of four-legged family members. In this way, “petnups” provide an official plan when it comes time for both parties to part ways—determining who will take ownership or custody of pets while also spelling out support responsibilities such as vet bills and holiday plans.
Are pet disputes common during divorce?
Family pets often go beyond simply being beloved companions in a home – they can become an integral part of family life and so it’s no wonder that figuring out who will have custody of them becomes one the most difficult pieces to settle when couples break up. Unfortunately, this contentious decision sometimes results in bitter disputes amongst divorcing spouses.
Apparently one in four divorces now involves a dispute over a pet and, as a result, the Law Society has suggested that entering into a ‘petnup’ might be beneficial.
If an amicable agreement cannot be reached, then a court would ultimately decide who keeps the pet.
How is pet custody legally decided in England and Wales?
When it comes to making the delicate decision of who keeps Fido, sometimes couples must turn to our judicial system for resolution. But if a legal owner is established in court, then they have no obligation towards giving any other person access or ownership – regardless of past bonds.
A court will look at:
- Who bought the animal
- Who primarily cared for it
- Who paid the vet bills
- Whose name the pet is registered/microchipped in.
The only exception is if there is clear evidence the animal was subsequently gifted to the other party.
For couples going through a divorce, deciding who gets custody of the family pet can be difficult. Fortunately, there are options such as transferring full ownership or sharing maintenance costs between both parties so everyone is satisfied with the outcome.
Courts can order transfer of ownership, as an animal is considered a chattel in the same way as a car or a possession. The Court can also calculate upkeep costs for your pet when calculating income needs as part of the overall financial settlement.