Pet Nups! Are You Getting One?

Crew, if you happen to own a pet with your partner (or are considering one in future), pet nups are becoming a more and more common agreement prior to the start of a relationship commitment. And with good reason! The grief of losing a pet can be immense and is simply an unthinkable circumstance for many of us. On divorce or separation, losing contact with a much loved pet can be equally distressing.

How Can You Keep Your Pet If Your Marriage Or Relationship Breaks Down?

Pet ownership and/or so called visiting rights, following the breakdown can become a heated battle area between couples and such disagreements can become “deal-breakers” to an overall settlement.

Which is why pet nups are such a vital and valuable consideration prior to entering into a relationship commitment.

In recent years, we have seen this issue become more and more prominent and this correlates with a considerable rise in pet ownership, particularly dogs, during the Covid pandemic.

So What Is The Court’s Position?

While we think our pets are part of the family, the court considers that a pet is a “chattel” that is a thing/ a piece of property, like any of the household contents.

If parties cannot agree on who keeps the pet or how the time with the pet is divided, the court can look at who can prove legal ownership.

Legal ownership can be proved by for example:

• In whose name is the pet registered (e.g with the Kennel Club for a dog or microchipping register?)

• In whose name is the pet registered at the vets?
• Who paid for the pet and who pays for the insurance and vets fees and is there any documents to support this?
• Who is the main carer every day?

If the parties cannot agree, the court can order that the pet be sold and the proceeds sold. Not a thought that most pet owners would like to think about.

Reaching An Amicable Agreement

The stress, anguish and cost of such a fight can be avoided by reaching an amicable agreement before marriage or cohabitation  in a Prenuptial Agreement /Cohabitation agreement, in which both parties can set out who the pet will live with in the event of separation.  Although a Pre-Nup /Pet-Nup is not legally binding, it would be looked at as extremely persuasive to a court and would also be able to help the parties in reaching agreement.

Direct Line Group survey 23 03 2022 (Who gets the dog? 56 per cent rise in dog divorces) found:

27% of divorce cases  in 2021 /2022 involved custody of a pet.

20% rise in demand for pet nups before marriage.

Please remember that pets, particularly dogs can be very affected by losing contact with one of their family.

Moving in with your partner and need some professional pointers? Get in touch with Crew FO here.

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