If you and your pet share a unique bond, consider drawing up a petnup. This is like an agreement for couples that may separate or divorce but specifically deals with pets. The document outlines how ownership will be shared, who has custody of the animal, as well as other important arrangements to ensure their wellbeing even in difficult times.
All these details can also be included as clauses in a prenuptial or postnuptial agreement, rather than making a separate petnup.
Why should I create a petnup?
For couples dealing with pets in their relationship, we suggest coming to a mutual agreement that covers all aspects of pet ownership. This helps both parties feel secure and confident going forward into the future.
Ultimately, to avoid any heartache and potentially costly legal proceedings, it is certainly worth considering entering into an agreement to resolve what will happen to the pet in the event of a separation.
What should a petnup include?
Factors to consider in a petnup are:
- Who will the pet live with?
- Who will care for it?
- Who will pay the vet bills?
- Who will pay for food and other expenses?
- Who will look after the pet when you go on holiday?
To ensure our animal companions enjoy the best life possible, it is worth considering who can provide them with more attention and care throughout the day. If one of you works full-time away from home, let that person’s sacrifice be reflected in your pet living elsewhere – where they’ll have a higher chance for quality time!
An effective way to ensure your pet is well taken care of after a separation could be through shared care between both parties. Like going on regular walks together or having one party provide free pet-care while the other is away, making sure that you and your ex have time and resources for looking after the animal should top both agendas if this approach is chosen.
The agreement is essentially a contract and, on this basis, a court would very likely uphold the terms of it should you divorce.
What do I do if we can’t agree who will have the family pet?
If you and your ex-partner find yourselves unable to agree on terms of divorce, peaceful resolution may still be within reach. Mediation offers the chance for both parties – with guidance from a professional impartial mediator – to come together and seek out an amicable solution that suits everyone involved.
If mediation does not work, a pet could be considered as part of an overall financial settlement on divorce. However, if this is the only area of dispute, it is unlikely to be cost-effective to issue court proceedings purely to resolve this issue.
Welfare of the family pet during divorce
Pets can be highly attuned to the smallest of changes in their environment, such as a shift in living arrangements or even subtle shifts within family dynamics. It’s important to remember that any alterations may cause your furry companion undue stress and potentially lead them down an unfamiliar behavioural path!
Hopefully whatever decisions are made about your loved family pet will put their welfare first and keep disruption to a minimum.