When advising clients on divorce and separation we are often asked about post-nuptial or pre-nuptial agreements (“Pre-Nup”). No Longer are Pre-Nups used only by the rich and famous – although they are certainly more common in high value relationships.
We find that with any discussion concerning a Pre-Nup, it is often the case that more thought is required following the discussion. For a Pre-Nup to be binding it must be freely entered into by each party with a full appreciation of its implications unless in the circumstances it would not be fair to hold the parties to that agreement (The Supreme Court decision of Radmacher v Granatino, October 2010).
Any Pre-Nup entered into without the couple having discussed and considered the content – and usually obtained independent legal advice on the content – will not be binding and not worth the paper it is written on. The leading Supreme Court case mentioned above is confirmation that the law (the Matrimonial Causes Act 1973, section 25) will still prevail if the couple reached an agreement that is not fair in all the circumstances.
Couples often spend a lot of time thinking about assets in financial terms, but there is a common trend for those who own pets to want to formalise what happens to the man and woman’s best friend. Interestingly, we see a number of cases where the parties have managed to settle their differences in respect of finances with the final hurdle to any agreement being what will happen to the family pet.
- Unfortunately, 4 pets are taken by the Blue Cross charity every week following relationship breakdowns.
- Dogs and cats are the most fought over pets, followed by horses, rabbits and guinea pigs.
- When Brits split it is usually (56%) the wife or girlfriend keeps the pet, whereas just under a third of men (29%) retain full ownership.
- For those who couldn’t decide who should keep the pet, 15% decided to give them to a family friend, 12% to family members and 6% to charities.
Referred to as “Pet-Nup” this agreement is the pet equivalent of a pre-nuptial agreement with pet welfare at its heart. You can find links below to a simple deed of agreement or a more detailed Pet-Nup that sets out who will take ownership of the family pet in the event of a breakup.
Click here for a Pet-Nup
Click here for a Deed of Agreement
If you have any questions about separating your finances, assets or any more personal considerations on divorce or separation, feel free to call our Family Law department on 0114 272 9721.