Pet-nups: Looking after your purr-fect pet

Getting a pet can be a big step for a couple. Often, they are considered to be the first child of the relationship.

Whether it is a dog, cat or lizard. It is important for pet parents to consider what would happen to the pet in the event of a separation before the going gets ruff.

Getting a plan in place for your furry (or scaly) friend is imperative so there is no paws-ibility of a dispute should the relationship come to an end.

What is a pet-nup and what is included?

A pet-nup includes details of what will happen to your pet in the event of a divorce, separation or split. It can be written as its own document, or it can be included in a pre-nup or post-nup that a couple may make around the time of marriage.

Pet-nups should cover what will happen with your pet in the event of divorce. It should include details such as:

Caregiving responsibilities – Who will get primary custody of the pet, where the pet will live and what will happen if the primary caregiver goes on holiday.
Visitation – Times when the secondary parent can visit the pet and who will look after the pet if the primary caregiver goes on holiday.
Financial responsibilities – Who will pay for food, toys and grooming, along with any medical expenses. And although we hate to think about it, the expenses that come along with the end of the pet’s life.
Medical and welfare responsibilities – Who has the authority to make any major medical decisions and any notes on the way that the pet lives its day-to-day life.

A pet-nup is here to provide for your pets. It is particularly important to have one in place, as a dispute over a pet can prolong the divorce process.

What would happen if there isn’t a pet-nup in place?

In England and Wales, pets are seen as something known as personal chattel. This means a belonging. Therefore, a pet would be decided in the same way as a car or house in the event of a divorce.

When getting a divorce, the family court will allocate the chattels between parties during the financial remedy proceedings.

There is currently no statutory welfare test, no best interests of the pet and no power to order contact.

However, if one party were to take the pet mid-proceedings, the Pet Abduction Act 2024 makes taking a pet from someone’s lawful control a criminal act. Therefore, it is important to remember that taking your pet could land you incarcerated.

When should we get a pet-nup?

While you must wait for a marriage to take place for a pre-nup or post-nup, a couple should enter a pet-nup the second your new family member is brought home.

Setting early terms can set a clear boundary of what will happen with the pet should the relationship come to an end. It also allows for the conversation to happen at a time when both parties are calm.

If the pet has entered the household from one person owning it prior to the relationship, a pet-nup should be considered, as it allows clarification on who will keep the pet if the relationship ends.

It may also be beneficial to enter a pet-nup if there have been any major life changes such as moving home or having children.

How can we help?

We understand that a pet is a part of the family, which is why we believe you should provide for them as if they are.

Not having a pet nup in place can put you in a dane-gerous position should the relationship come to an end.

Our team can support you with the drafting and implementation of a pet-nup so you can be paw-sitive that your pet is protected.

Paws what you are doing and get in touch with our team today for support!