What is a Pet Prenup?

If you and your partner have become engaged in the past year, it might be worth considering a prenuptial agreement before getting married as this can have an important impact on your pet’s future.

Many couples put agreements in place to protect their assets, but often forget about their beloved pets. A Pet Prenup can help stop the number of pets getting caught up in marital disputes around the country, and to lessen the stress and heartache for owners and pets alike.

In this article, Rebecca Ferris from the family & matrimonial solicitor team will be answering three of the most common questions when it comes to a Pet Prenup including:

1. What should I consider in a Pet Prenup?
2. Who gets custody of pets in a divorce without a Pet Prenup?
3. How a solicitor can help

1. What Should I Consider in a Pet Prenup?

If you decide a Pet Prenup is the right option for you and your partner, it’s important that you consider more than just where the pet is going to live in the event of a divorce – especially if you plan on having shared custody of the pet.

Some things you might want to consider are:

• Which parties will contribute to the general upkeep and well-being of the pet, such as vet bills and the cost of food
• Whether a third party should be involved in the decision-making process, or the future care of the pet

2. Who Gets Custody of Pets in a Divorce Without a Pet Prenup?

Even if the pet was brought into the relationship by one party, it is not necessarily guaranteed that they will be given ownership of that pet in the divorce. It is important to remember that the court view pets as ‘chattels’ or possessions, rather than beloved members of the family.

If a dispute arises around a pet that both parties claim ownership of, there is the chance that the court will order the animal to be sold and the proceeds split, rather than order a custody arrangement as would happen with a child.

Factors which may determine who will have ownership over the pet upon divorce will include who has custody over any children, as pets are considered in the best interests of children and will likely be used as a persuading argument for them to be kept by the partner with full custody of the children.

Legal proceedings surrounding pets can be extremely costly and time consuming, and therefore it is important to consider making an agreement which determines the arrangements for your pet upon separation, thereby avoiding the need for expensive court action.

3. How a Solicitor Can Help

We can help take away the daunting questioning of who gets the pet in a divorce, as you can plan it all out long before the matter. Get in touch with Rebecca from our family & matrimonial team for advice on making a legally binding agreement.