Can I keep the dog if I get divorced?
Dogs and other pets are often seen as a much loved member of the family but sadly when it comes to divorce, in the eyes of the law a pet falls into the same category as a TV or a toaster as nothing more than a person’s personal property. As such the court is likely to be more interested in who owns the dog by considering factors such as:
- who paid for the dog (ideally backed up with receipts)
- who is registered at the vet
- who is listed on the microchip database, and
- who is the provider of key supplies and food
This person is more likely to have a successful claim over the dog, even if the other party has a better emotional attachment and spent more time looking after the dog.
If it is unclear who owns the dog, a sympathetic judge may consider who is best placed to look after the dog but parties should be prepared for a fairly rough and ready decision. The court is often reluctant to deal with disputes such as pet ownership as it is more concerned with the bigger picture such as arrangements for the children and the overall financial division. It is therefore far preferable for the parties to reach an agreement themselves, perhaps with the assistance of mediation.
Read our recent article to find out more.
Related FAQs
It is clear that we are emerging from a completely unprecedented period of disruption for many businesses, and this may have had a huge impact on their contractual arrangements both with suppliers and customers.
As the lockdown eases, and we get back to business, it’s important that businesses take stock of what has happened, and ensure they review and address the legal and contractual consequences of what has been happening since the start of the global pandemic.
According to the guidelines laid down by the Treasury, many Start-up businesses will not be considered “viable” as they are at an early stage in the investment cycle (i.e. delivering negative returns but with strong growth prospects). This means they are unlikely to qualify for CBILS although for primarily UK based Start-ups it is still worth making enquiries as policies are rapidly evolving.
For early-stage businesses in their first two years of trading, the British Business Bank’s Start-Up Loans programme (loans £500 to £25,000 at 6% p.a. interest) may be more suitable. Visit www.startuploans.co.uk for more information.
For start-up businesses that are unable to access CBILS, the Government launched The Future Fund in May 2020 via the British Business Bank, which provides convertible loans to UK-based innovative companies ranging from £125,000 to £5 million, subject to at least equal match funding from private investors. This scheme is available until 30 September 2020 initially.
Your business is eligible if:
- it is UK-incorporated – if your business is part of a corporate group, only the parent company is eligible
- it has raised at least £250,000 in equity investment from third-party investors in the last five years
- none of its shares are traded on a regulated market, multilateral trading facility or other listing venue
- it was incorporated on or before 31 December 2019, and
- at least one of the following is true: (i) half or more employees are UK-based; and/or (ii) half or more revenues are from UK sales.
Further information is available on the Government website, www.gov.uk/guidance/future-fund
The Government is also offering additional support for small and medium size firms that are primarily focused on research and development. This targeted support is available through a continuity grant and loan scheme. The grant scheme is only available until 29 May 2020 while the loan scheme is open for applications until all the money is allocated or 31 December 2020 (whichever is earlier). This scheme is administered by Innovate UK, the national innovation agency, and this support will mostly only be available to existing Innovate UK customers.
Further information is available on the on the Government website, www.gov.uk/government/publications/access-coronovirus-business-innovation-support-package
Details of your MHFAs should be posted somewhere that everyone can access easily – a specific area on an intranet or whatever alternative exists. Regular comms involving the MHFAs, webinar sessions, Q&A sessions and mental wellbeing drop in sessions are all ideas that may work well.
You will need to check the provisions of the Will. The Will might say whether your dad intended to set the amount of gift off against your sibling’s share of their estate.
If your dad intended the sum of money he gave to your sibling as a completely separate gift, then you cannot deduct the sum of money from their share of the estate. However, your sibling will have to prove that this was your dad’s intention when he made the lifetime gifts, as it is presumed that a person would not make the same gift twice (known as the rule against receiving “double portions”).
Hopefully, further guidance will provide additional clarification on this, but it is difficult to see how a charity whose operations have been significantly curtailed because of the Covid-19 restrictions, cannot furlough employees and access the scheme, in particular where they have several different income streams. For example if a charity’s retail or fundraising operations have been significantly curtailed due to the restrictions, then it would appear unfair for it not to able to rely on the furlough scheme to assist in the funding of the employment costs associated with this part of the charity.
However, it might be prudent, where there are services that are publicly funded and employees working within those services cannot undertake their normal work, to consider if they can do different roles to work on Covid-19 activities. If there is no such work available then the guidance does appear to allow the furloughing of employees and such organisations to access the scheme.
In our experience, the funding streams and work undertaken by the organisations that could fall into the third category identified above can be exceptionally diverse and we would strongly recommend that you take advice before making such decisions about furloughing employees.