Pet pre-nups

Last week, my colleague, Phoebe blogged about prenuptial agreement (otherwise referred to as “prenup”) and the importance of creating a legal document to assist marrying couples in the event of a divorce and highlighting that a prenup is not just for the rich and famous. 

The UK has always been a nation of pet lovers and increasingly, the family pet has become an integral part of family life, not just for those who are married but also for those who are cohabiting.

Particularly during the first COVID-19 lockdown in March 2020, there was a surge in the purchase of pets with a sharp increase in the purchase of the 4-legged furry variety!  

According to the findings of the PDSA Animal Wellbeing (PAW) Report 2023, they have estimated that:

• 53% of the UK adult population owns a pet
• 29% of the UK adult population owns a dog
• 24% of the UK adult population owns a cat
• 2% of the UK adult population have a rabbit

Whilst most couples may focus on the arrangements of any children of the marriage and how finances are going to be divided between them, couples should not overlook the arrangements and responsibilities for any family pet(s).

So here are some points couples should consider in relation to their beloved pet:

Legal Ownership

At the time of purchase, one party shall be registered as the pet’s legal owner. That is not to say that the pet does not belong to the family or equally to the other spouse or partner but is simply whose name is detailed on the legal documentation.

Where couples agree that they are both owners of the pet(s) or that the pet(s) belongs to the family, it should be recorded as such. This would form what would be the beneficial interest or ownership.

At the end of a marriage or relationship, consideration should be given as to who shall retain the legal ownership of a pet and whether there has been any shift in the beneficial ownership.

It should be borne in mind, that legal ownership entails responsibility, for example, who is going to be responsible for the payment of a fouling fine or who shall be legally pursued in the event that a pet causes injury to another person.

Future Arrangements

When a marriage or relationship ends, consideration should be given as to which party the pet(s) shall live with and in the instance of there being more than one pet, whether they shall be placed together or separated.

Consideration should be given to the following factors before deciding on any future arrangements:

• Will one or both parties have suitable accommodation to fully or partly house a pet or pets?
• What will be any practical and logistic arrangements if a pet’s or pets’ care is to be shared between the parties?
• What work commitments do one or both parties have and how this shall impact any arrangement for care or shared care of a pet?
• What other commitments do one or both parties have and how this shall impact any arrangements?
• Whether there are any financial constraints for one or both parties and how this may impact the arrangements for the care of the pet?
• How any change of circumstances will impact on any arrangements, for example, redundancy, moving home, ill health of one party, the impact of the current cost of living crisis?
• Is there a child or children to the marriage or relationship who is/are particularly attached to a pet or pets?  
• What happens to a pet or pets in the event that one or both parties can no longer look after the pet or pets?

Costs

This aspect of pet care is likely to require thorough and frank discussion between couples.

For some, the cost of maintaining or sharing the care of a pet or pets may be the most significant factor as to what may happen to a family pet in the event of a breakdown of family life or relationship.

Couples should be clear that there are multiple levels of costs associated with the care of a pet or pets which can include (but are not limited to) the following:

1.       Pet food, particularly if a pet has a restricted or selective diet;

2.       Pet insurance and payment of excess charges;

3.       Veterinary bills;

4.       Any regular medication or treatment;

5.       Payment of bedding and other accessories;

6.       Cost of pet-sitting;

7.       Cost of microchipping;

8.       Grooming; and/or

9.       Payment of any fine.

What document do we need?

Not all spouses or cohabiting partners will need the same document hence below are some examples of documents to suit different circumstances:

• Pet Agreement – this will simply deal with a beloved pet or pets in any relationship status, whether married or cohabiting
• Pet Pre-nuptial Agreement – where parties are intending to marry but only want to deal with the arrangements of a pet in the event of a divorce
• Pet Post-nuptial Agreement – where parties are already married and want to deal with the arrangements relating to a pet only in the event of a marriage breakdown
• Cohabitation Agreements – the arrangements and responsibilities of a pet or pets can form part and parcel of a more comprehensive document which deals with all aspects of family life including both financial and non-financial
• Consent Orders – where divorcing couples have come to an agreement in respect of financial arrangements between themselves (whether through direct discussion, mediation, negotiations via solicitors or where a financial remedy application is already underway in the Family Court) the elements of care, obligation and financial responsibility can be included as an agreement within the Consent Order and at times be recorded as an Order where there is an obligation to make a payment.

Independent Legal Advice

With any document which places obligation and responsibility, whether financial or non-financial and where parties seek that they shall be bound by their agreement, it is best for parties to consider taking independent legal advice. Any costs of obtaining legal advice can of course be shared, if so agreed, between the parties.

If you would like to discuss any aspect of Pet-Prenup or Postnup, Pet Agreement, Cohabitation Agreement or Consent Order, please do not hesitate to contact me via my profile for a free 15-minute consultation.