As pets become increasingly central to family life, we have seen a substantial increase in the number of families purchasing pets. However, this also means that there are increasing numbers of disputes over what happens to these pets if their owners decide to separate. An increasingly popular tool to avoid difficulties is to enter into an agreement at the outset about what will happen to the pet if their owners decide to separate.
In the context of a married couple, such agreements are commonly referred to as apet-nup, with reference to the pre- or post-nuptial agreement they traditionally form a part of.
What can be included in a pet-nup?
Pet-nups can be tailored to your own unique circumstances. The most common things to include are:
- Who the pet lives with, and/or how often the other party has contact with the pet
- Who will cover pet expenses e.g. veterinary bills, pet insurance and other costs
- Who will look after the pet when one party is on holiday
It is important to remember that you do not have to have a pet-nup. However, having a pet-nup in place can reduce conflict during a separation as the terms have already been agreed in happier times. It can also form part of a wider agreement on what should happen in the event of separation or divorce.
Is a pet-nup legally binding?
It is important to remember that, as with pre and postnuptial agreements, pet-nups are not automatically legally binding. However, if executed properly, properly drafted and entered into freely, the court is likely to rely on it when deciding what happens to your pet upon separation. They are therefore likely to be followed in the absence of a compelling reason not to.
Considerations before entering into a pet-nup
Timing
You should try to agree the arrangements before you purchase a pet because there maybe challenges ahead if you welcome a pet into the family but cannot agree the arrangements.
Legal ownership
At present, the law on divorce in England and Wales treats pets like chattels (personal belongings). You should therefore consider who is the legal owner of the pet and to which party the pet is registered in order to decide whether the pet will be classed as separate property (non-matrimonial) or joint property (matrimonial).
Future living arrangements
You must be clear and realistic about what the pets living/practical arrangements will be in the future. For example, will the pet spend equal time with each party or will there be an uneven split of the pets time.
Future expenses
Consider (1) what are the associated costs; (2) how those will be paid and by whom; and (3) whether inflation needs to be factored in.
Intention to be bound
Pet-nups are not currently binding in law, but will likely be upheld if entered into correctly. It is therefore important to remember the purpose of the agreement which is that you intend to be bound by the terms of the agreement.
Review, modification and termination
Consider when it may be appropriate to review, amend or terminate the Pet-Nup.
Costs
Consider who will fund the costs of the Pet-Nup or whether these will be divided between you both, equally or unequally.
Further information
If you find that you and/or your partner are considering entering into a pet-nup or would like some more information on this, then we can help. Our specialist family law team can advise you in detail about pet-nuptial agreements from both a legal and practical point of view.
Please do not hesitate to contact us should you require our assistance.
