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Posted: 4/21/2007 5:31:02 PM EDT
news.independent.co.uk/uk/legal/article2472157.ece

With this dog, I thee divorce
Custody of the pets is now a big bone of contention for couples breaking up

By Sophie Goodchild
Published: 22 April 2007

As marriages splinter amid acrimony and tears, fights have traditionally centred around money, children, or even who gets to keep the cutlery. But, increasingly, squabbling over goods and chattels is being replaced by legal battles over who gets custody of the pets.

More time is now spent fighting over custody of cats and dogs than over furniture or the hi-fi, according to research to be published this week.

A survey of the UK's top 100 family lawyers reveals that judges are recognising the importance of pets in break-ups. Warring couples were awarded joint custody in more than a third of cases last year, compared with just under a quarter the year before.

This trend has come to Britain from the US, where custody of pets has been a key issue in splits between celebrities. These include Drew Barrymore, who fought with ex-husband Tom Green over their dog, Flossie. Women still win massively over men in claiming exclusive rights over their pets. In more than 59 per cent of cases, wives gained sole custody of their pets, compared with only four per cent of husbands.

Grant Thornton, a financial consultancy which carried out the research, said a pet is considered part of the family especially as fewer couples were choosing to have children. "While many have never heard of custody battles over pets, or may ridicule those who fight over them, in many cases the pet is considered to be part of the family," said Andrea McLaren, head of Grant Thornton's London matrimonial practice.

England is now the best country for women to get divorced, because of a shift in attitude among judges, which in turn has led to record payouts for wives.

Matrimonial lawyers are now almost exclusively advising female clients to break up in this country to get the best possible settlement. This compares with 2005 when only two- thirds backed England and Wales as the best option. Instead, nearly a quarter of lawyers steered clients towards the US and the remainder to Germany, Spain and South Africa.

The latest high-profile break-up is between property tycoon Jim Moore and former wife, Kim. The couple are fighting over a £135m fortune and have spent £1.5m on lawyers. Yesterday judges dismissed a bid by Mr Moore to stop his former wife from bringing the case from Spain to London.

Other big-money divorce cases include the split between Middlesbrough soccer star Ray Parlour and his wife who, the court ruled, was entitled to a one-third share of his future earnings to reflect her early role in promoting his talents. Last year, the House of Lords also ruled that financier's wife Melissa Miller was entitled to £5m - a quarter of her husband's fortune - in compensation for a failed marriage lasting under three years, and despite the fact she had a career of her own.

These payouts have led to changes in who petitions for divorce. Men are now taking the lead in a bid to avoid the WAG syndrome, in which the balance in the divorce courts has shifted in favour of trophy wives. Last year, husbands took the lead in 14 per cent of cases, compared with only one per cent in 2005.

Grant Thornton said it expected to see a rise in "jurisdiction shopping" - the worldwide huntfor the best deal.
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