Who gets the dog? Who keeps the cat? Custody battles over pets are becoming more common, but a bit of planning could help avoid heartache.
A battle over a beloved pet when a relationship ends not only adds extra stress at an already unhappy time but can also be a very costly matter if it goes to court – and that does happen. In fact, with the explosion in pet ownership in the wake of the pandemic, lawyers are reporting that legal actions over pets are becoming more prevalent. A ‘pet-nup’ can help prevent that.
Cats and dogs are the most commonly fought-over pets, according to animal welfare charity, Blue Cross. Then come horses, rabbits and guinea pigs. And it’s not only the owners who suffer – Blue Cross takes in four pets a week following a relationship breakdown.
Pet-Nups Explained
A pet-nup – or pet-nuptial agreement – is similar to a pre-nuptial agreement, which is a legal document drawn up before a couple marry. It spells out how finances will be divided should they break up.
In law, pets are classed as chattels – or personal property – and a court will consider them as it might a car or jewellery, focusing on who bought them or paid for their upkeep rather than their welfare. A pet-nup, while not legally binding, is nonetheless a powerful document and will be considered by a court when it makes a decision on the future of a companion animal.
A pet-nup would typically cover:
Pet custody, ownership and how often the other person will see the pet
Care arrangements
Medical care decisions and vets bills
Insurance payments
Maintenance
Food
Other day care and breeding expenses
Should you get one?
No one likes to think their relationship will come to an end but if you believe in future-proofing, then it could be worth drawing up an agreement which covers your pet. After all, we think of them as family. There have been distressing instances where people have been separated from a beloved animal for long periods because of protracted legal wrangles. You might also see it as being in the best interests of your pet. Ultimately, a tug-of-love will affect you, your ex and your pet. Whether or not you would go to court, a pet-nup could stand you in good stead, as it will offer clarity from the outset. Both you and your partner will have thought about, agreed and signed it.
how to get a pet-nup?
Many family solicitors now offer legal advice on pet-nups and can draw up one for you. Blue Cross has a free pet-nup document you can download at www.bluecross.org.uk/pet-nup. It also offers a less detailed deed of agreement document that sets out who will take ownership in the event of a break-up.
