Nothing quite compares to the unconditional love and attention pets can provide, but also need from their owners, so when it comes to a couple or family separation, these times can be one of the most challenging for both the pets and their owners.
What is a Petnup?
A ‘Petnup’, otherwise known as a Pet Agreement, is a legal document which sets out exactly what will happen to your pet in the event of a relationship breakdown, such as a separation or divorce.
While traditional prenuptial agreements focus on dividing assets such as property and finances, a Petnup specifically addresses the ongoing ownership and care of the pet.
What to include in your Petnup?
The document will set out specific requirements such as:
1. Ownership Details and Visitation Arrangements
You can specify who the pet will live with and set out a pattern of contact or arrangements regarding visitation (if required).
It is important to note that the Court considers a pet an asset, meaning that it will not necessarily take into account the welfare and best interests of your pet in the same way it would in respect of children. By having a Petnup in place, you can state exactly what is best for your pet moving forward.
2. Care & Financial Responsibilities
The Petnup should note who will pay for your pet’s health and welfare, such as food, medicine, insurance, veterinary bills and other costs. If your pet has a health plan, it may be worth noting who pays for this, so that there is no dispute later down the line.
3. Dispute Resolution Process
If disagreements about the pet arise, include a clause that specifies how disputes will be resolved. This could involve mediation or another method of conflict resolution.
Is a Petnup legally binding?
Unfortunately, as stated above, the Courts do not view pets as the loving family members that they are and will only consider your pet as a chattel. In the event of a separation without a Petnup, a Court is likely to include your pet in the division of marital assets, in the same way that house contents would be divided between the parties.
Contact us
Pets are more than just animals; they are family. A well-drafted Petnup can provide peace of mind for both parties and ensure that your pet is cared for and loved, no matter what happens in the future.
Contact Milne Moser Solicitors today to discuss to draft a Petnup which reflects the best interests of your pet. We offer fixed fees subject to the complexity of your Petnup.
