It’s no secret that we love our pets. According to Blue Cross statistics, 95 per cent of pet owners see their pet as part of the family. Over one third of households own dogs, and over one fifth own cats.
While our love of our pets can be a hugely uniting force, it can present a highly emotional challenge when relationships break down. When couples divorce or otherwise end a relationship, the vast majority will decide to live separately, with one partner taking the pet with them.
In some situations, this is decided easily between partners. However, many couples disagree strongly, and the living situation of a beloved pet can create intense disputes – particularly as the Courts are far less willing to intervene than in cases of financial or childcare arrangements.
Pets in the law
UK law generally treats pets as ‘chattel’ – personal possessions of one or both partners.
This means they are usually left up to the couple themselves to distribute in the event of a divorce or separation, rather than having the Courts intervene.
How this is achieved depends upon several factors, including:
- Whether the couple can come to a straightforward decision
- Whether the couple is married or cohabiting as partners
- Whether they purchased/adopted the pet together or not.
Under the law, who has the pet living with them is often a case of legal ownership, particular if one partner already owned the pet before entering the relationship – evidenced by vet registration, microchip information and purchase/adoption documents.
In this instance, it’s clear who legally owns the pet and who will be entitled to take it with them if the relationship ends.
If the other partner attempts to prevent this, this may become a legal matter, but only in the sense of property theft. The partner who owned the pet would need evidence that they are its legal owner to assert their rights under the law.
If the pet is shared, then the couple may consider who has been historically responsible for the pet’s care, whose home would provide the better environment for the pet and whether the couple has any children who are attached to the pet, and where they will be living.
Pets are considered joint marital assets for married couples, so a decision may be reached between the couple or at mediation or other dispute resolution sessions.
Addressing the issue – Pet-nups
Pet-nups do exactly what it says on the tin. They are a pre- or post-nuptial agreement relating specifically to pets in the event the relationship breaks down.
They can be a separate agreement or integrated into an all-encompassing pre-nup. You don’t need to be married to have a pet-nup despite their name – cohabiting couples can also have one.
Pet-nups help couples to decide what will happen to their pet in detail if they decide to separate, at the right time and when they are in the right headspace.
A pet-nup also allows couples to make decisions relating to their furry friend that aren’t an issue of legality and would not be decided on the rare occasion that formal legal proceedings took place, such as:
- Payment for food and veterinary care
- How the pet is trained and socialised
- Can the other person visit the pet?
- Who looks after the pet when the owner is on holiday?
- What happens when the pet is ill?
- End of life decisions for the pet.
This reduces the risk that the pet will become a source of conflict and resentment upon separation or divorce.
Are pet-nups enforceable?
Pet-nups are not legally binding – although they may be used as evidence of intent and agreement by the Courts.
The Courts will rarely get involved when couples are making decisions about their pets upon separation, although chattel assets can become points of contention during divorce proceedings and so pets may be considered in Court during a divorce.
However, this will usually be considered only from the perspective of legal ownership.
With a pet-nup in place, you are more likely to be able to argue for a situation that benefits the pet’s wellbeing and care. If it has been prepared well, then the Courts are likely to at least take it into consideration.
Ultimately, pet-nups are not designed primarily as a document for the Court. They’re designed to help couples avoid taking a dispute to the Court in the event that their relationship ends.
For advice on pet-nups, division of property and family disputes, please contact our specialist Family Law team today.