Who gets Rover: Pets and relationship breakdowns

It’s no secret that we love our pets. According to Blue Cross statistics, 95 per cent of pet owners see their pet as part of the family. Over one third of households own dogs, and over one fifth own cats.

While our love of our pets can be a hugely uniting force, it can present a highly emotional challenge when relationships break down. When couples divorce or otherwise end a relationship, the vast majority will decide to live separately, with one partner taking the pet with them.

In some situations, this is decided easily between partners. However, many couples disagree strongly, and the living situation of a beloved pet can create intense disputes – particularly as the Courts are far less willing to intervene than in cases of financial or childcare arrangements.

Pets in the law

UK law generally treats pets as ‘chattel’ – personal possessions of one or both partners.

This means they are usually left up to the couple themselves to distribute in the event of a divorce or separation, rather than having the Courts intervene.

How this is achieved depends upon several factors, including:

• Whether the couple can come to a straightforward decision
• Whether the couple is married or cohabiting as partners
• Whether they purchased/adopted the pet together or not.

Under the law, who has the pet living with them is often a case of legal ownership, particular if one partner already owned the pet before entering the relationship – evidenced by vet registration, microchip information and purchase/adoption documents.

In this instance, it’s clear who legally owns the pet and who will be entitled to take it with them if the relationship ends.

If the other partner attempts to prevent this, this may become a legal matter, but only in the sense of property theft. The partner who owned the pet would need evidence that they are its legal owner to assert their rights under the law.

If the pet is shared, then the couple may consider who has been historically responsible for the pet’s care, whose home would provide the better environment for the pet and whether the couple has any children who are attached to the pet, and where they will be living.

Pets are considered joint marital assets for married couples, so a decision may be reached between the couple or at mediation or other dispute resolution sessions.

Addressing the issue – Pet-nups

Pet-nups do exactly what it says on the tin. They are a pre- or post-nuptial agreement relating specifically to pets in the event the relationship breaks down.

They can be a separate agreement or integrated into an all-encompassing pre-nup. You don’t need to be married to have a pet-nup despite their name – cohabiting couples can also have one.

Pet-nups help couples to decide what will happen to their pet in detail if they decide to separate, at the right time and when they are in the right headspace.

A pet-nup also allows couples to make decisions relating to their furry friend that aren’t an issue of legality and would not be decided on the rare occasion that formal legal proceedings took place, such as:

• Payment for food and veterinary care
• How the pet is trained and socialised
• Can the other person visit the pet?
• Who looks after the pet when the owner is on holiday?
• What happens when the pet is ill?
• End of life decisions for the pet.

This reduces the risk that the pet will become a source of conflict and resentment upon separation or divorce.

Are pet-nups enforceable?

Pet-nups are not legally binding – although they may be used as evidence of intent and agreement by the Courts.

The Courts will rarely get involved when couples are making decisions about their pets upon separation, although chattel assets can become points of contention during divorce proceedings and so pets may be considered in Court during a divorce.

However, this will usually be considered only from the perspective of legal ownership.

With a pet-nup in place, you are more likely to be able to argue for a situation that benefits the pet’s wellbeing and care. If it has been prepared well, then the Courts are likely to at least take it into consideration.

Ultimately, pet-nups are not designed primarily as a document for the Court. They’re designed to help couples avoid taking a dispute to the Court in the event that their relationship ends.

For advice on pet-nups, division of property and family disputes, please contact our specialist Family Law team today.

When a person dies and their cause of death is unknown or potentially violent, the coroner to whom the death was reported may hold an inquest.

This is a formal investigation into:

• Who the deceased person was
• When, where and how they died.

This will involve the Coroner’s Court collating and impartially reviewing evidence, statements from any witnesses, and medical reports such as the port-mortem to reach a conclusion.

An inquest cannot assign liability for a person’s death, but further criminal or civil proceedings may come after the Coroner’s Court decision once the cause of death has been determined. The coroner can also make recommendations to a body such as the NHS.

Businesses or organisations that may have had a role in the person’s death or have evidence as to what happened may be called upon to participate in the inquest.

How is a business involved in an inquest?

In the context of an inquest, a business may be an ‘interested party’ – A person or organisation which has the right to participate in the inquest, as designated by the coroner.

Common scenarios which may involve a business or organisation in an inquest include:

• A care home where a person has died
• A hospital trust where a person has died under its care
• A business where the death likely occurred on the premises.

The inquest may seek to determine whether health and safety procedures were followed and whether any failure or neglect on the part of the business contributed to the person’s death.

If the Coroner’s Court believes that evidence or testimony from your business may help the inquest, you may be called to give evidence or named as an interested party.

Seeking advice

When all evidence has been given, the Court will make a decision, which will either declare a cause of death or rule it to be unknown.

It is not the job of an inquest to assign liability or initiate further legal action.

However, the outcome of an inquest can be used to pursue your organisation for damages or even criminal liability if the evidence allows.

If the outcome of the inquest suggests that your organisation played a role in the person’s death, their family or the prosecution service may seek additional proceedings.

You should seek early legal advice if this seems a likely outcome, so that you can stay prepared and be transparent about what happened.

To support your business or organisation through an inquest, please contact our specialist team today.

When you take out a commercial loan to finance your business, you’ll be required to sign a loan agreement and more than likely security documents to support the lending under the loan agreement to confirm that you:

• Agree to accept the terms of loan and security documents and the loan will repay within a given timeline; and
• Understand and agree to the consequences of defaulting on the loan.

To ensure that you are signing the relevant agreement willingly and are acting in accordance with the law, you’re likely to need a witness when you sign.

A common question we receive is whether a spouse can be a witness, particularly for family businesses where the spouse is also part of the business.

Our Banking and Finance law expert, Dashna Morarji-Sagoo offers her advice.

What does the law say?

“For commercial loans and supporting security documents, legally a witness can be anyone,” said Dashna.

“However, it is generally best to choose a witness who has no financial or other interest in the loan.

“Lenders may also have their own internal policies as to who can witness loan agreements and security documents.

“I usually recommend that an independent third party witnesses the signing of any binding document – someone who is not related to either party and who does not benefit from the loan is the best choice.

“For example, if the paperwork is prepared by your solicitor and ready for a signature, they are probably the best witness.

“Some lenders do actually require that loan documents and security documents are signed before a solicitor.  The solicitor may charge a small fee to be a witness of around £10 – £20, although some won’t, especially if they are representing you in the transaction.”

For advice on drafting and signing commercial loan agreements, please contact Dashna or by calling 07903 631780.