With pet ownership on a particular rise in recent years because of the pandemic, and with is has been the rise of litigation following a divorce due to pet-related confrontation. To avoid these kinds of litigation, you might want to consider setting up a pet prenup at the time or marriage.
A pet prenup, however, doesn’t have to just ensure ownership for one party. You can also create a shared care arrangement for your pet following separation if one party is not willing to separate with the pet completely. Now, there’s no need for the daunting questioning of who gets the dog in a divorce – you can plan it all out long before the matter.
What is a Pet Prenup?
In England and Wales, the current law is that pets are regarded property of the parties in the divorce, and in this case, you can think of a pet prenup as a kind of insurance. This is because of the Bennett vs. Bennett case, in which the court prioritised child custody cases over this divorcing couple’s court visits regarding custody of their shared dog.
Just like any other kind of prenup, it’s entirely up to you and your partner whether you decide to have a pet prenup when you get married. However, in the event of a divorce, it’s easy to overlook the fact that the occasion is stressful for you pets as well as the parties directly involved.
With all the uncertainty, they can become incredibly stressed if they’re moved around too much, or are too often separated with either one of their owners. With a pre-established plan in place, you can minimise this as much as possible.
Who Gets Custody of Pets in Divorce Without a Pet Prenup?
If the pet was brought into the marriage by one particular party, they are almost guaranteed to be issued ownership of that pet in the divorce. One exception for this would be if both parties agreed that the party who did not bring the pet into the marriage would get to keep the pet.
The court will also consider who has custody over any children of the marriage following a divorce. Pets are considered in the best interests of children, and will therefore likely be used as a persuading argument for them to be kept by the partner with whom any children will be residing.
However, if the divorce is a case of domestic abuse, the pet’s safety will be taken into account. Even if the pet legally belongs to the abuser, it’s possible for the other party to be granted temporary care of the pet if their safety is at risk.
They might also consider who has the most suitable accommodation for a pet, for example, if they have a garden, or whether the party has the financial stability to properly care for them, as well as the overall best interest of the pet.
What Should I Consider in a Pet Prenup?
If you decide that a pet prenup is the right option for you and your partner, it’s important that you consider more than just where the pet is going to live in the event of a divorce, particularly if you plan on having shared custody of the pet.
Some of the factors you might want to address could include deciding which parties will contribute to the general upkeep and wellbeing of the pet. For example, who will financially provide for vet bills, or how will you decide to split the cost of food and/or enrichment activities for the pet?
You might even want to consider whether a third party should be involved in the decision making process, or indeed the future care of the pet.
How Howells Can Help
There are plenty of pet prenup templates available online if you’re planning to create one, but for the best legal advice and for a truly binding legal agreement, contact our experienced divorce law specialists at Howells.
