Our Amy Trevellick talks about what happens to your pets upon separation and whether a pet nup is right for you.

With the increase of pet ownership since the start of the pandemic, many people are now asking “what will happen to our pets if we separate?”. Of course, anyone who owns a pet will know that they soon become part of the family. It is therefore difficult to explain to client’s that their pets will only be considered a “chattel”, much in the same way as the furniture in their home, or their personal possessions. Unfortunately, the law has not developed in this area to keep up with the modern family owning domestic pets, and so this outdated approach remains in place.

When it comes to deciding the ownership of “chattels”, the law will consider who bought the item in the first instance. Insofar as this applies to pets, ownership is

Our Francine Bristo deals with the importance of discussing financial matters with your partner or spouse.

Most couples don’t make the time to have a conversation about the finances because it can lead to increased tension and arguments.  Money is emotional, evoking feelings of shame, fear, anger and frustration.  It is no wonder that people avoid talking about money and what would happen in the event of their relationship ending.  Ignoring these issues whilst they are small however, allows them to grow into larger problems.  There is nothing worse than dealing with the emotion of money combined with the emotion of separation.   It is better to discuss the finances and what would happen if you were to separate whilst you are on good terms.  Conversations help avoid misunderstandings and later upset.  It is useful for everyone to clarify the terms of your financial relationship so that you each understand the expectations,

If you are planning your wedding there are lots of things to do.  One thing you may want to consider is whether to have a Pre Nup as they are becoming an increasingly popular option for couples.

What is a Marital Agreement or Pre-nup?

A pre-nup is an agreement before the marriage, designed to decide what happens to a couple’s assets and income if they decide to divorce in the future.

Who has them and why?

Traditionally, they have been reserved for celebrities, sports people and others with great wealth, particularly where the wealth is not evenly distributed between the couple.  Not only does it safeguard assets, it can also keep the financial wrangling and finer details out of the public courts.

Couples are marrying later, with both parties bringing substantial assets into the relationship with them.  For second marriages, they can also be a useful way to safeguard the inheritance of children from a previous

Whether you are ironing the bunting as we speak, or finding somewhere to hide for the day, there is no doubt that Royal Wedding fever is upon us.

Amidst the bridesmaid, carriage and dress speculation, in all the press coverage of Prince Harry and Meghan Markle impending wedding, there has been much discussion of potential pre-nup agreements and their decision not to have one.

This seems unusual as they are both wealthy people in their own right and both have divorced parents. Meghan is also American, where they are far more commonplace.

However this is a royal wedding and it is not something that royals do.  No royal marriage has involved one in the past and, maybe surprisingly, that includes Prince William and Kate Middleton. Pre-nups are considered the territory of footballers and celebrities and not our future monarchs.  In addition, although Prince Harry is undoubtedly wealthy by anyone’s standards, the majority of

I read an interesting and unusual article this week from the Law Society recommending couples who have pets to have a pet-nup, ie a pre-nup for their pet.

The leading pet charity Blue Cross conducted some research and found that over one in four divorces include a dispute over pets.  Dogs and cats are the most fought over pets followed by horses, rabbits and guinea pigs.

Law Society President Andrew Caplen said:

‘Solicitors are usually the first port of call for people who are divorcing so perhaps we are a little on the cynical side – but we see the problems caused when relationships break down acrimoniously and it’s usually costly, stressful and emotionally draining for both parties.

‘Pets are part of the family so it makes sense to think about their welfare.’

Alyson Jones, rehoming development manager at Blue Cross, where many pets are rehomed following relationship breakdown, said:

‘At our rehoming centres

Law Commission’s Report on Matrimonial Needs, Property and Agreements

The much awaited Report has now been published and it includes a set of measures to make it easier for couples to manage their financial arrangements on divorce or at the end of a civil partnership.  The measures are

Guidance to help couples assess and agree financial needs,
An assessment of the feasibility using formulae to help agree financial settlements and
‘Qualifying nuptial agreements’  to allow couples to decide how their assets should be shared if they separate.

The Report identified that there are regional differences to how the Courts approach orders for financial needs and this makes the outcome unpredictable.

The Law Commission recommends that there should be an authoritative guidance on financial needs which would enable couples to reach an agreement that recognises their financial obligations to each other.

The Law Commission also recommends that there should be a study into whether a workable non statutory

Following its 2012 consultation on marital property agreements (“pre nups”) The Law Commission has launched a supplementary consultation paper examining the different aspects of law relating to the financial consequences of divorce and of the dissolution of a civil partnership.

The consultation will consider the law relating to what extent one spouse should be required to meet the other’s financial needs, and what exactly is meant by needs; and what happens to property that one of the partners owned before the relationship or acquired during the course of it.

The recent reforms to legal aid will inevitably mean that there will be more litigants in person and therefore the Law Commission is looking at ways to simplify the process of dividing a couples assets and income.

The consultation paper also asks  “whether financial support should continue to be determined by the court, at the judge’s discretion, or whether it should be calculated by reference to a formula,