What You Should Consider in a Pet Nup?
By Irrum Shah, Private Family lawyer at Reeds Solicitors LLP
In recent years, there has been a steady increase in the number of pets within UK households, and we have seen a rise in Pet Nups being used amongst couples. With Christmas fast approaching, this is often the most popular time to give the gift of a pet to a loved one. The type of pet to gift should not be the only consideration, as the responsibilities continue long after Christmas.
Over the years, the traditional family unit has evolved, and so has the approach towards pets. Many pet owners view their pets as an extension of their family, and they are loved and cherished just as much as any child of the family.
What is a Pet Nup?
A Pet Nup or Pet Nuptial Agreement is designed to copy the function of a Pre-Nuptial Agreement. Unlike a Pre-Nuptial Agreement, which focuses on the parties’ finances, a Pet Nup focuses on what the agreed expectations are of each party in relation to their pets, including what the arrangements for the pets will be if the parties were to separate.
What to consider in your Pet Nup
A Pet Nup can be as simple or as detailed as you like. When considering what to include in a Pet Nup, you should think about matters such as:
- Who is the legal owner of the pet?
- If you were to split, will the pet live with one person of the split or split its time with?
- Would one party retain custody and the other give visitation?
- What would happen if one party moves abroad?
- How are the costs relating to caring for and maintaining (food, Vets, grooming, etc) the pets to be split?
- Who should make the decisions regarding urgent medical care for the pet?
More and more couples are choosing to cohabit instead of getting married. Having an agreement in place, such as a Pet Nup, is important as it provides the parties with clarity from the outset as to how the pets are to be cared for and owned, if circumstances were to change.
Is a Pet Nup legally binding?
As it currently stands, there is no UK legal framework relating to the custody of pets on separation. Pets are still treated as personal property (chattels) in UK law; therefore, until the laws are updated, a dispute about pets will be treated similarly to a dispute about personal possessions.
You may wish to have a Pet Nup on its own or incorporate it into a Pre-Nuptial or Cohabitation Agreement. Provided the Pet Nup has been drafted carefully, it may carry significant weight to persuade a Court. However, they are not bound to uphold the terms of Pet Nup if it is not in the pets’ best interests or raises welfare concerns about the pets.
You should take care to provide as much detail as possible about the pets (as set out above) and ensure that you have both taken legal advice and understand what you are both agreeing to.
If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Solicitor in our Private Family Team on 0333 023 7744, or by email at i.shah@reeds.co.uk.
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