As a specialist family law solicitor, I have seen an increase in the last few years of separating couples arguing over their beloved pets. With the recent pandemic and more people working from home there has been a substantial increase in the number of families buying pets. Understandably, these animals become a very valued and important member of the family. Alongside this, the number of divorce enquiries are also on the rise, again, contributed to by the pandemic. Inevitably this is leading to more enquiries as people ask, “What happens to the family pets on separation?”
The answer is straightforward but the implication is not. With children, it is generally understood by separating parents that children have a right to a relationship with both parents, where it is safe, and in the children’s best interests. Pets, however, are not treated as a family member. Under current law a family pet is treated as a chattel, like a piece of personal property. The same consideration is given to a family pet as to an item of furniture. The emotional attachment to a pet is huge and registration of the pet in one party’s name does not automatically equate to ownership of the animal nor does paying for the food or the vets bills. It is generally accepted that people invest a lot of time and energy into their pets.
So what can you do to prevent an argument as to where the pet should live?
The landmark case of Rachmacher v Grantino in 2010 set out the principles the courts should consider when looking at pre nuptial agreements – it set the “bar(k) “! Blazing in its “tail” are Pet Nups. Any couple wanting to avoid a dispute when it comes to their pets upon separation should now consider this as an option.
A Pet Nup is pretty much the same as a pre or post nuptial agreement only it sets out the arrangements for the family pets in the event of a divorce or separation. It is prepared like any other contract. You can either include a paragraph in your pre nuptial agreement or cohabitation agreement in respect of the family pet or you can prepare a standalone agreement to deal with the family pets only. As with a pre nuptial agreement, a Pet Nup is not 100% legally binding as ultimately any decision in respect of the breakdown of the marriage is down to the court. However the courts are attaching more and more weight to such agreements provided they are entered into freely, without duress and both parties sign to confirm that they understand the terms of the agreement.
Entering into a Pet Nup not only stops the four legged family member being caught up in the middle of a potential argument but also lessens the stress upon the owner and animal alike.
For more advice or assistance with a Pet Nup or any other family matter please contact Nina James directly on nina.james@gibsons-law.com or make an appointment with her at either our Hexham or Newcastle branch.