the middle of With Elmhirst Parker Solicitors
Divorce is never an easy subject. As well as splitting up the family unit, it also calls for dividing up the joint possessions and deciding who’s getting the TV, who’ll keep the washing machine and which one needs to buy a new car.
But what about who gets the dog?
A bone of contention for many family lawyers in recent years, the rise of devoted dog owners has also seen an increase in disputes over pets, with the Blue Cross animal charity finding that one in four divorcing couples are failing to budge on who keeps Buster.
As a nation of dog lovers, with 8.5million households owning a dog, it is no surprise that modern divorcing couples are playing doggy in the middle and failing to understand how the legal systems works.
Despite a rise in mutternity where more couples are choosing to have dogs before having a baby or seeing their family pets as surrogate children, our court system still doesn’t recognise the emotional significance of animals in divorce cases.
Under UK laws, pets are seen as ‘chattel’, or property, similar to your car, furniture or even coffee machine.
Unlike children in divorce proceedings, their welfare is not taken into account and you may be barking up the wrong tree if you’re thinking of taking your battle to the courts. It’s not as simple as a judge seeing which party the dog goes to first in the courtroom and granting sole custody.
Family courts give limited consideration to who keeps the dog. As with the preferred option for children, they would mostly grant joint custody as default to married couples.
However, this weekly upheaval may not be best if your pet doesn’t cope well with changes to its surroundings and can result in more stress for all involved.
If you are unmarried, the court will base its decision on who paid for the animal in question, with evidence of receipts or ownership papers needed to grant custody.
The court system also won’t consider visitation rights or maintenance provision for things like food, grooming or vet bills.
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aroundtownmagazine.co.uk
• Divorce • Separation agreements • Financial settlements • Children • Pre-nuptial / Civil partnership agreement
Also Cohabitation agreements and disputes Telephone or e-mail Helen Palmer for free initial advice Tel: 01226 282238
17/19 Regent Street, Barnsley, S70 2HP (also in Selby and Sherburn-in-Elmet)
www.elmhirstparker.com hpalmer@elmhirstparker.com
divorce Doggy in
Extenuating circumstances are given when your pedigree pup is a prize-winning pooch or in high demand for breeding purposes; they are then seen as ‘chattel with significant value’ and a potential income generator and terms can be agreed in law.
But for your boy, family lawyers are advising all divorcing couples to deal with pet custody battles away from the courts.
When you’ve jointly invested in your futures together which can includes homes, families and pets, it can be difficult to see clear past the hurt and look for the best interest of all involved.
To reduce conflict and make the process less upsetting and costly, many family lawyers are encouraging couples to consider taking out ‘petnups’ – pre-agreed, written arrangements for what is to happen to any pets on separation or divorce.
Unlike your sofa or fridge freezer, dogs have feelings and deserve the love and care they give us unconditionally. Therefore, a petnup dealt with through your solicitor should take a few things into consideration.
Work schedules – if one party works 40 hour weeks and the other is only part-time, then think about who can dedicate the most time to the dog.
Money – which party will be more financially able to support the dog and pay for food, vet fees etc.
Children – children become as attached to their furry siblings as adults do, so consider who is having the majority of the custody over the children. They are already losing a parent from their daily lives, taking away the dog may only add to the hurt.
More than one pet – if you have one pet, it can be difficult to decide on who will keep them but two or more can also drum up other issues. You may have a favourite each or have one who is closer to you than the other. However, you should also consider the animals’ natural bond and devotion to each other, if any.
With most pets surviving longer than the average relationship, it is important to always consider what will happen to them in advance to reduce any issues if a split happens.
Your family lawyer can advise you on what option is best and look at any pre-written agreements for the family.
Elmhirst Parker provide expert advice call our team today on
01226 282238 to find out more.
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