A couple can have all kinds of strange property disputes during a divorce depending on what they own and what is most important to them. However, prenuptial agreements protect against losses due to lengthy battles over various kinds of property.
Local news for Tampa reported that more couples are getting prenuptial agreements, with a specific focus on where pets will end up in case of a divorce.
Couples are especially concerned about custody of pets
An emerging trend in divorce negotiations is professionals reporting heated debates over where their pets or “fur babies” will go. There have even been some couples who draft specific documentation called pet-nups that say who will get custody of the animals after a divorce is finalized along with addressing related issues such as care of the animal.
A pet insurance company reported that they found custody disputes over animals in one quarter of all divorces they reviewed. In some cases, the couples seemed to have more issues with deciding custody of pets versus child custody or general property division. A survey of 100 lawyers found that when a couple brings up the issue of pet custody, they will spend an average of 25 billable hours determining who should get the animals.
From a legal standpoint, pets are only considered in the same sense as personal property, and there will be no separate custody hearing in court. They will not be subject to joint custody and a determination of the animal’s best interests like a human child, regardless of how the couple may feel. A survey from a family law firm found that about five percent of all pet owners now have a pet-nup and many others say that they would strongly consider getting one if necessary. Some firms have even created templates on their websites to give couples an idea of how the document works.
Divorces and planning for property division
Property division can be one of the most frustrating aspects of a divorce for many people. An agreement made in advance is one of the main ways that couples can anticipate a family court judge making an unfair determination and prevent it.
Prenuptial agreements are the best way to prepare for the possibility of a divorce so that neither spouse will be surprised when property is divided. This takes away any unknown elements, as well as a ruling that will cause one spouse will lose a significant portion of their assets.
Get in touch with a lawyer who focuses on divorce cases and property issues
There are attorneys in the Tampa, Florida area who can assist you with an upcoming divorce. To learn more, contact:
1901 Ulmerton Road, Suite 435, Clearwater, FL 33762