{AD} Kids, Pets, and House Post-Divorce: Who Gets What? – Mummascribbles
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When it comes to making important practical arrangements during a divorce, it’s not always simple. Read on to learn more about who will get what post-divorce…
As you can imagine, there’s a lot to cover when it comes to making arrangements during the post-divorce period. Even after you’ve come to the difficult decision that you want to separate, there are plenty of practicalities that will still need to be addressed, some of which could potentially lead to unwanted conflict.
If you’ve been with your former partner for a long time, there’s a higher chance you’ll have built a family together, invested in property with one another and have significant assets that may need to be shared. So, who gets what following a divorce? That’s what this post will help to answer!
If you’ve already instructed family law solicitors in Blackheath, Bath or Birmingham and are ready to go ahead with your divorce, read on for all the information you might need to know about who gets what.
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Who Gets the Kids in a Divorce?
Your children are always going to be at the heart of every decision you make when it comes to your divorce. So, understanding what your custody rights are likely to be is understandably going to be your main priority.
In cases where both parents have parental responsibility, there is no definitive answer regarding who gets custody of your children. This means it’ll be down to you and your former partner to make a voluntary agreement which is in your children’s best interests. That might mean you make an arrangement where your child resides with you during the week and then with your partner on weekends.
If you and your partner can’t come to a voluntary agreement, that’s where the courts will have to get involved. Any judge presiding over a child residency case will always make a decision with the child’s welfare in mind.
In the past, that usually meant custody was automatically given to the mother, as they would traditionally spend more time with the children. Of course, that’s a rather outdated approach and doesn’t reflect the changes to modern family life, so things are different now.
It is possible for a judge to grant a ‘sole custody’ order, where the child will only live with one parent. But, they will tend to favour ‘joint custody’ orders, where you both have an important say in your child’s upbringing.
Who Gets the Family Home in a Divorce?
If you and your former partner purchased your home together, then you will both have a right to stay living there, unless you have a pre-existing agreement like a prenup which says otherwise.
Even if your name is not on the mortgage or title deeds, you will still have a legal right to stay in the home. So, you’ll need to come to an agreement with your former partner regarding what will happen moving forwards. You and your former partner may agree to:
- Sell the property and divide the equity evenly;
- Arrange for one person to stay living in the property;
- Or transfer part of the value of the property into one person’s name.
If you can’t come to an agreement, the courts will step in and make a decision that’s determined by a number of factors. These will include who the children are likely to spend most of their time with, your earning capacity and the role you played in the marriage.
Who Gets the Pet in a Divorce?
Pets are treated in a very specific way when it comes to post-divorce arrangements. In England and Wales, pets are treated as items of ‘personal property’, akin to furniture, artwork or jewellery. So, what does this mean?
Well, if there are disputes over who gets to keep a pet, the final decision will usually come down to whose money was used to purchase the pet and who has financially maintained the pet. Even if you have spent more time looking after the pet or are in a better position to look after them moving forwards, the financial aspect is the most important factor.
Image by Sven Lachmann from Pixabay
What are ‘Matrimonial & Non-Matrimonial Assets’?
You may have previously heard of the phrases ‘matrimonial’ and ‘non-matrimonial’ assets. If you’re not already aware of what these phrases mean, it’s important to get to grips with them – especially as they’ll be incredibly important during the post-divorce period.
Essentially, matrimonial assets are financial assets that you and your former partner have acquired during your marriage. Matrimonial assets may include the family home, pensions, savings and investments.
Non-matrimonial assets are typically acquired by you and your former partner before your marriage or after the divorce. This might include gifts, or inheritance. As you might expect, it’s not always easy to determine exactly what assets should be considered non-matrimonial
Non-matrimonial assets can be included in a divorce settlement discussion, so long as there is a good reason to do so.
Are Assets Split 50/50?
There’s a common misconception that all of your assets are automatically split 50/50 during divorce proceedings. This isn’t true. As discussed above, the onus will be on you and your former partner to make arrangements yourselves and, if this isn’t possible, the courts will then get involved.
While the starting point for dividing assets in a divorce will be 50/50, a court will quickly take your individual circumstances into consideration and make appropriate arrangements from there.
Do You Know How Your Assets Will be Split Following a Divorce?
So, there you have it! As you can see, you will usually have the opportunity to work alongside your former partner to make appropriate arrangements. If this isn’t possible, the courts will strive to find a sensible solution.
Do you have any more questions about what will happen following a divorce? Or do you have any advice you’d like to share? Feel free to leave a comment below!