One in four divorces involves a dispute about an animal. Things can get messy as Jennifer Aniston’s high-profile spat with Justin Theroux about their four dogs shows.
What would the Court do in the event of a “pet custody battle”? And on what grounds? Do pets need to be treated like children? Or should they be treated as chattels, such that they can be used as a car or computer?
There is no case family law surrey bc in Hong Kong regarding the ownership of pets during divorce proceedings. The concepts of custody, control, and access are only applicable to children; pets are considered assets and are treated as the property of their owners. If the pet is a canine, it may legally be the property of one person (and registered with the AFCD); joint legal ownership is not permitted.
The pet is often considered personal property when it travels overseas. The Court in England has focused on who bought and maintained the pet. This was the main focus of the Court, not on who spent the most time with the pet or was more able to provide for its needs. English law will soon recognize animals as sentient beings. Priority will be given to their welfare. The English Court may decide that it is in the best interest of all animals and will make appropriate orders.
New York State will soon pass a bill that allows the Court to rule regarding the possession of pets. The Court will consider the ‘best interests of the animal and make orders more similar to those made in respect to children. Judges will have the power to grant visitation rights and shared custody. Singapore Court rulings are already welfare-related and made in the best interest of the animal.
What a “pet-up”, can do for
Many couples sign a “pet-up” to avoid any emotional disagreements. This is a contract agreement that outlines what happens to their pet if they separate. A pet-nup should outline who the pet will live with, how it will be contacted by the other party, as well as who will pay for its vet bills and upkeep.
This agreement can be made before, during, and after marriage. It also works as part of a pre or post-nuptial agreement that deals with financial arrangements in the case of divorce. This document is specially designed to help you avoid heartache in the event of a breakup.
Prenups: What happens to one and what happens to the other?
Couples increasingly use prenups to provide certainty about their financial relationship. It is important to understand what you are getting into. Here’s what you need:
Are they legally binding
While nuptial agreements in England are not legally binding, they can still be influential and upheld provided certain conditions are met. The court will only grant effect to nuptial agreements that have been entered into free of charge by both parties, and with the full understanding of their implications, unless the circumstances are not fair.
Fairness is essential. Unfair agreements are unlikely to be upheld. It is therefore important to think about not only what you want, but also what the agreement would look like if you divorce. If the agreement was implemented, would everyone be able to live in their own homes and take care of their daily needs? This is a key question, but the amount each person and their children will need depends on the facts of the case. Each couple must tailor their pre-nuptial agreements. There is no single solution that will work for all cases. Each case is unique.
What are the advantages of a prenup and a postnup?
A prenup or a postnup that is well written can protect wealth acquired before marriage, wealth received during the marriage, or civil partnerships (for example, inheritances), and prevent the assets from being divided on the occasion of divorce. If there are future divorce proceedings, it can be used to reduce spousal maintenance obligations.
Particularly, postnups can be used to reduce marital problems. They allow couples to make financial arrangements for divorce and work out any marital issues.
To ensure that they are not in financial distress, the agreement must be fair to the financially less fortunate party.
What happens if there isn’t one?
If you don’t have one, if you can’t agree on the financial arrangements for a relationship breakup, the court will make the decision, taking into consideration all your circumstances and especially:
- Your income, earning potential, property, and other financial resources that each of you currently has or will have in the future.
- The financial obligations, financial obligations, and responsibilities that each of you has or is likely to have in the future.
- The standard of living that you and your family have achieved;
- The contributions that each of you have made to the welfare and future of your family. This includes any caretaking or home-care work.
- Any loss of benefits, such as pension rights, you may each have.
The court must give priority to the welfare and well-being of children under 18 years of age.
It is important to remember that marital assets are divided equally upon divorce. The marriage is truly a partnership of equals. There is no distinction between the contributions made to the household by the ‘breadwinner’ or the ‘homemaker’. Other important factors play a role. The Court must consider what people want, which could mean that there should be a deviation from an equal division. However, over time, the court has discovered other reasons to depart from an equal share when appropriate circumstances have been met. English family law is highly discretionary. Judges have the freedom to come up with creative solutions for their families.
Postnups and prenups may not be right for everyone (and not all divorce lawyers have one!). They are useful tools if you want to protect any wealth that you might inherit or wealth that you have built up before marriage. They are not binding but can be a useful tool to help you achieve certainty in a highly discretionary system.