Some couples are now turning to “pet-nuptial agreements” (“petnups”) to avoid contentious battles over what happens to a pet in the event of a separation. A petnup sets out in advance who will keep the pet or how the couple will divide the care of the pet in the event that they separate, ensuring clarity and reducing the potential for conflict.
What is a Petnuptial Agreement?
A petnup is a written agreement between partners outlining ownership, care, and financial responsibilities for a pet in the event of a break-up. Similar to a prenuptial agreement, it provides clarity and security, preventing disputes and prioritising the welfare of the pet.
Legal Status of Petnups in the UK
At present in UK law, pets are considered property (chattels), meaning disputes over pet ownership are treated similarly to any other possessions such as a car or a piece of art. Often parties are surprised to learn that this is the case and globally there are several examples of countries that have changed their laws with regard to pets. For example, in British Columbia changes were made to the Family Law Act in 2024 to change how the court will look at pet custody. Under the new law, pets are recognised as family members rather than possessions and when deciding who should keep the pet the focus is now upon who has provided the care for the animal and the relationship of the animal with the family members. The new legislation encourages parties to negotiate private pet custody agreements.
In the UK a petnup is not automatically legally binding, but courts may take it into account if it has been fairly drafted and signed voluntarily. Much like prenuptial agreements, a well-prepared petnup can influence a court’s decision in the event of a dispute. Provision for what will happen to a pet may be included in a prenuptial agreement.
What Should a Petnup Include?
A comprehensive petnup should cover:
- Ownership: Who will be the pet’s primary and legal owner.
- Visitation: Any agreed contact or shared care arrangements.
- Financial responsibilities: How costs such as food, vet bills, and insurance will be divided.
- Veterinary care: Who will make medical decisions and cover major veterinary expenses.
For best legal effect, both parties should sign the agreement after seeking independent legal advice.
Pets in Divorce Proceedings
If a couple does not have a petnup/prenup containing provision about their pets, then as indicated above, who will keep the pet will fall to be determined by the court in the same way as any other chattel. We would strongly advise couples to seek to resolve issues surrounding pets privately and if they are unable to do so to explore non court based dispute resolution such as mediation or arbitration to resolve matters as a discrete issue.
Without a petnup, courts decide pet ownership based on factors such as who purchased or adopted the pet, who has met the expenses relating to the pet and who has been the primary caregiver. Without a prior agreement, the pet may be treated purely as an asset, with decisions made accordingly.
Whilst the law remains that a pet will be considered a chattel the tide may be turning as demonstrated by the following recent case decided by District Judge Crisp sitting in the Family Court at Manchester. In accordance with the new trend for naming family cases with a clue about the issues, the recently decided case of FI v DO [2024] EWFC 385 (“Fido” – get it?!) dealt with (amongst other weightier matters) the care of a golden retriever puppy. The husband was seeking a declaration over the ownership of the dog and a shared care arrangement. The court had to determine who would retain the puppy. In determining who would be best placed to care for the puppy the following factors were considered relevant:-
- The emotional bond between the children and the dog;
- Who had been the primary carer for the animal;
- Who had cared for the animal post separation; and
- The parties respective living environments post separation.
It was irrelevant who had paid to purchase the animal, “it matters not who paid for the dog. The dog is a chattel.” The court in determining the issue said, “it is an agreed fact that the parties separated and the dog has been cared for solely by the wife since that separation some 18 months previously. I accept what the wife says 18 months is a long time in a dog’s life. It was clear when the dog ran back to the family home after he had been taken by the husband that the dog considered that to be a safe place and where he belonged. The wife’s evidence as I have set out was compelling but more importantly in my view showed someone who understood about dogs, was compassionate and would always put the dog’s interests first. The dog’s home is with the wife, and she should stay there. It would be upsetting for both the dog and the children were those arrangements to alter. The husband has managed without a dog for 18 months and it does not therefore seem necessary for his support, even if that were the case which I do not accept was the position at the time the parties separated.” This case may indicate a move towards more welfare based decisions in respect of pet ownership going forward.
Conclusion
While a petnup is not legally binding, it provides valuable clarity and can carry significant weight in court proceedings. By outlining ownership and care arrangements in advance, couples can prevent unnecessary disputes and prioritise the welfare of their pet. Seeking legal advice when drafting a petnup is a proactive step that can help avoid uncertainty and protect both owners and their beloved animals. In the event of any future dispute, a petnup can provide valuable evidence of the parties’ intentions.
To learn more about Prenups and Postnups, you can download a free copy of our Essential Guide to Prenuptial and Postnuptial Agreements here.
To learn more about Modern Family Law visit our dedicated webpage and download a free copy of our Essential Guide to Modern Family here.
To learn more about divorce and separation, you can download a free copy of our Essential Guide to Divorce and Family Law here.
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