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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Are pet nups legal and even existant yet?

Customer Question

Are pet nups legal and even existant yet?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Pre - nups are used. Pre-nuptual agreements are not currently binding under English Law.
That being said, they are being taken into consideration and some Judges will follow the terms on a Pre-Nup if some important steps were taken before the Pre-Nup was signed.
To give yourself a better chance of a Judge approving a pre-nup you need to be honest with your future spouse - provide full disclosure as to all of your assets. You should also look to paying for your future spouse to have independent legal advice when the pre-nup is drawn up and before they sign it. This will be a Solicitor telling them what it is that she is signing and what it means. This should only take a Solicitor an hour or so, so it shouldn't be too expensive.
This isnt fool proof but would certainly go along way.
Things may of course change if you were to have children and then separate but in those circumstances you might well want to provide a settlement to keep any children in a better lifestyle. A judge would currently consider what was fair given the length of the marriage and children of the marriage.
Kind Regards
Caroline
I am new to this service and therefore would be grateful if you could kindly rate my answer. Positive feedback is gratefully received.
Dont hesitate to come back to me with your future law questions.
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful if you could kindly rate my answer
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks I posted a similar question earlier in the week about pre nups and know about the legality of them and a bit about the effectiveness of them. I am very lucky to have the third generation of the male line of the breed of my dog in the family and will stud him out because he has such a great temprement that I always have part of that personality in my and hopefully childrens lives. Indeed many friends and family joke if re-incartantion exists they want to come back as one of the dogs. Quite frankly if my future wife was not fond of the dog the first time they met or more importantly the dog did not like her then that would have been a deal killer, in fact she is very fond of the dog and I have read ( links will be provided) that Dog nups exist and I would like to protect my ownership and custody of the dogs and any siblings or issue of the dog to be mine (obviously if there were puppies and I had kids I would leave them with them or one but would like this to be out of choice as apposed to obligigated to do so (subject to the view of the court). As we all know divorces are messy and children are sometimes regreatbly treated as weapons and pawns in " the Game" and sentimental or other items or issues such as for example under jewish law the husband is not obliged to give his wife a "get" which is a religious divorce. Whilst I find this a personally reprehensible approach through friends there own divorce lawyers have advised them to withhold the get as a "bargening chip" thankfully this has not happened in that case as the chap had sound principals but am also concerned the dog can be used as a negotiation passion if such a divorce were to occur. I enclose following links and would greatly appreciate you viewshttps://www.bluecross.org.uk/sites/default/files/downloads/Blue-Cross-Pet-Nup.pdf
This s clearly a very basic template and one that would need an awful lot of bespoke work done to it, thinking about it I have not googled to see who is doing it but there could be a fortune for a lawyer to specialise in these!!http://www.telegraph.co.uk/news/newstopics/howaboutthat/11123962/Who-keeps-Rover-First-legal-pet-nup-launched-for-couples.htmllet me have your thoughtsThanks
Customer: replied 1 year ago.
Btw, its 01.53am and thanks for your offer of a phone call which Is a very sensible idea cannot do it now but perhaps next week if things pan out well we can discuss the matter in more detail over the phone
Customer: replied 1 year ago.
is this a still active question to you?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Courts won't make orders on relation to who a dog should spend time with.
Kind Regards
Caroline
Positive Feedback gratefully received.
Customer: replied 1 year ago.
So your saying that even the templates are not taken into account in the same way as guided by a prenup?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your message. Whilst I consider it is a good idea in principle - trying to get agreement in principle in advance. I think that the articles references to legally biding status are rather misleading. The Blue Cross site itself confirms this.
The court isn't bound - but it is a good idea to think ahead.
Kind Regards
Caroline
Customer: replied 1 year ago.
ok thanks Caroline, was not thinking of using a blue cross template, i have had a converation with a leading family law council this morning who assures me as part of the general prenup the dogs can be dealt with completely under that and then it just reverts to how the courts see prenups, to which my solicitor and he are sitting down next week. Thank you once again for all of your help
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome
I did consider the article was somewhat misleading - journalists!
Kind regards
Caroline
Customer: replied 1 year ago.
I know about journalists. never let the truth get in the way of a good story!!! The bule cross thng was not worth the paper its written on, Obviously a prenup is custom drawn up and we went through the details of how to ask without offending and many other factors, post dinner in a different room. To be honest with you my answers were so businesslike and stratergy based with this chap who obviously must remain nameless He also brought up the fact of cohabiting and how many nights she spent at my hose as that can be deemed to be aken into account. I felt very comfortable with him and suspect that I will be using him for the prenup. I Thank you so much and if have any questions about other family maters will be in touch.Best Wishes
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome my dear. Hopefully everything will work out and you wont need to fall back on the terms of a pre nup. Your doggy is clearly very loved. Kind Regards
Customer: replied 1 year ago.
Yes indeed, what I am currently working out is wheather the prospective wife is!!
Thank you so much
Expert:  ukfamilysolicitor replied 1 year ago.
I wish you all the best *****

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