For some time, many of us have been pushing for a change in the law regarding pet custody in the event of divorce, but this has fallen on deaf ears. As statistics on the number of marriages have increased in recent years, the number of pets involved in marital conflicts and, unfortunately, the number of animals abandoned as a result of the breakdown of the relationship has increased. Statistics from Blue Cross, which has twelve animal resettlement centres in England and Wales, have shown that four pets a week are brought to their centres of origin as a direct result of a divorce or failed relationship. That was more than 1,000 over a five-year period. Given that other resettlement centres have experienced the same thing, there was a clear need for action. It is possible to challenge the custody of pets in Small Claims Court. If you are not married, a court could make the decision according to strictly legal principles – the animal belongs to the person who paid for it. If you paid for the dog, you can prove it in court through receipts and invoices or a possible kennel Club registration. Lloyd Platt & Co has some of the best lawyers in London and we can give you the best advice if you are looking for legal advice on pet custody in the event of divorce. To make a request, please fill out our form, call us on 0208 343 2998 or click here to contact us. Prenups usually lists all the assets each partner owns and who gets what if you break up or divorce.
A petnup is a document in which you and your spouse agree on ownership, custody, and other arrangements for your pet in case you separate. These agreements can be used for any type of pet, from a dog to a cat to a hamster. A pet care agreement contains all the information both parties need to share the pet`s care – often referred to as a “pet.” There are other clauses that you can add to this contract depending on your specific needs. Pet care agreements must also be signed, notarized and kept on file. This document is used when two people need a written record of the custody agreement they have entered into for their pet. It can be forced at the end of a relationship. This includes a long-term relationship in which the couple lived together but was never legally married. This includes divorce cases. In some circumstances, the deal can be a good idea for long-term roommates who adopt or buy a pet together.
There are many clauses that you can include when creating a comprehensive pet care agreement. Consider your specific needs and the best interests of pets. You may also find that the contract needs to be updated due to lifestyle changes or financial needs. The contract may be amended to take account of new circumstances, provided that both parties sign the new contracts and amendments. There are certain parts of the agreement that a court will not enforce, such as .B. Life choices such as who takes the dog on vacation or how the cat should be cared for, but deciding on these details between you could always help get the conflict out of a difficult and emotional separation situation. A pet custody agreement is exactly what it looks like – a contract to award custody of a family pet. Deciding on the ownership of a pet when a relationship ends can be quite difficult. This legal agreement determines who retains ownership of the pets, which party is responsible for the financial maintenance, and whether or not there is visiting time for the ex-non-custodial partner. A 2019 survey of more than 2,000 UK adults found that if a relationship breaks down, 47% would consider joint custody of a pet. While arrangements for children and financial settlements may be the most important issues that need to be clarified during a divorce, pet custody is increasingly becoming an issue in the UK. If both parties are stuck on the animal, this agreement can determine how time is divided so that neither party has to give up full ownership.
According to a 2019 survey by Direct Line Pet Insurance, more than 28,500 of the 111,000 divorce cases in 2018 included pet custody, the equivalent of 90 cases per day. In other words, you`re certainly not alone if you have concerns about your pet. Although marriage is a path to a contractual agreement between partners, it is also possible to do so through a cohabitation agreement. Learn more about cohabitation agreements. However, for the purposes of this article, the agreement allows you to enter into a contract on what to do with the assets in the event of a breakdown of the relationship. Such an asset in this case would be your pets. With extensive experience in creating such documents, we can advise you on what it is and whether it might be a good option in your situation. With around 9.9 million dog owners in the UK last year, it`s no surprise that nearly 30,000 divorces a year involve resolving the issue of pet custody. Whether your favorite pet is a dog, cat or parakeet, one thing we can all agree on is that we prefer to avoid keeping our pets.
The central core of this agreement is that everything that is done must be “pet-centric.” This one from Lloyd Platt & Co. the invented phrase was taken from children`s legislation. This means that the welfare of the animal must be at the center of everything that is done. In many cases, separation agreements, cohabitation agreements or prenuptial contracts contain clauses relating to pets. However, standalone petnups are becoming more and more common. Currently, pets are legally classified as personal property (or “movable property”) and are given a status similar to that of a piece of furniture or a car. It goes without saying that this may seem cold, since pets are rightly considered a beloved member of the family. Unfortunately, they are treated this way in a divorce court, and if there is no pet that says otherwise, it is the proof of ownership that will usually be the deciding factor in pet custody matters. Home / Knowledge Base / Keeping pets in the breakdown of the relationship: know your rights This agreement also includes all the important information about the animal, such as name, sex, age and animal species. There are also optional sections that include information about the animal`s medical needs, if any, as well as other general care information (for example. B if the animal has a favorite toy or habit). Currently, under uk divorce law, which includes England, Wales and Northern Ireland (Scotland has its own divorce law), animals or pets are treated as movable property.
This means that the legal status of a pet, whether it is a dog, cat, llama, tarantula or guinea pig, has the same status as a refrigerator/freezer. Currently, there is no concept of parties asking the court for custody of their pet for contact or residence in the same way as for children. .