Since Covid-19, pet ownership has sky-rocketed with more and more families welcoming dogs and cats into their homes. When a relationship or a marriage comes to an end, a commonly asked question is what should happen with our beloved pets. You may have heard of a pre-nuptial agreement, but what about a “pet-nup”?

What is a pet-nup?

Essentially, a pre-nuptial agreement sets out how you and your spouse will share your assets, similarly a pet-nup sets out how you divide vet bills, other expenses, and who has custody or visiting rights for your pet. If your pet has any particular needs, this can also be included. No two relationships are the same and that is true for pets, there is no hard or fast rule on what to include in your pet-nup!

How can a pet-nup help me?

Unfortunately, whilst we view pets them as members of our family, they are viewed as property in the eyes of the law in England and Wales. If you and your ex-spouse are in the process of divorcing and you are unable to agree on who your dog lives with, a judge may have the final say, and this may not be what you intended originally.

Deciding in advance who has custody of your pet or who will pay vet bills can make a relationship breakdown less contentious and having a pet-nup in place can minimise disputes. Taking a practical approach to your pet will prioritise their wellbeing in the future if you share custody and may improve your relationship with your ex-partner as you have both set out clear guidelines on caring for your much-loved pet.

A pet-nup will not necessarily be binding on a Judge in a divorce court in England and Wales, but if it is drafted properly this can demonstrate your clear intentions on how you wish to divide expenses and custody of your pet.

Our Family Team at Geldards appreciates the stress of a relationship breakdown and how this impacts you, your children, and indeed your pets. If you and your partner would like to discuss pet-nups in more detail, please do not hesitate to get in touch with a member of our team, who would be more than happy to help.