Specialist family solicitor, Alexander Garrett, looks at the rising number of pet-nuptial agreements, and if they are enforceable by the court.
Over the last few years, the courts in England and Wales have seen a notable rise in disputes concerning pet ownership on separation or divorce.
Pets have become an increasingly integral part of a family and determining their fate following a separation can be an incredibly difficult and emotional decision to make.
As a result of this growing trend, it has given rise to the development and adoption of “pet-nuptial agreements” otherwise known as “pet-nups”. Like the more familiar concept of a pre-nuptial agreement which is what couples entering a marriage often enter into to ensure that the division of their finances is resolved in the event of a future separation, a pet-nup is designed to pre-emptively address the care, ownership and financial obligations of pets in the event of a relationship breakdown.
The emotional bonds formed with pets is one that goes back hundreds of years and today, pets are still held in high regard as a member of the family. More recently, following the COVID-19 pandemic, the emotional bonds with pets has intensified but so too, has the disputes surrounding them.
In high net worth separations or divorces, pets have become one of the central points of contention, sometimes rivalling disputes over substantial financial assets which can complicate negotiations for settlement.
As a result of the country’s increasingly important relationship with pets, the law has been required to review its approach to determining the legal status of pets on divorce or separation.
Under the law of England and Wales, pets are classified as chattels or personal property, similar to how we would often categorise jewellery or vehicles. As a result, the court adopts the same approach for pets as determining ownership over jewellery or vehicles by considering factors such as who purchased the pet or who has been responsible for maintenance of the pet. Admittedly, this approach can often overlook the pet’s welfare and the emotional attachments as described above.
A recent case of FI v DO [2024] EWFC 385 marked a potential shift in judicial perspective. In this case, the court prioritised the welfare of a golden retriever, considering factors such as the emotional bond between the children and the dog, the primary caregiver and the living environments for the dog after separation. The judge ultimately concluded that the dog’s home was with the wife, and they recognised the importance of stability and familiarity for the dog.
In order to mitigate disputes over pet arrangements and avoid having to attend court to address them, pet-nups allow parties to agree ownership, care and financial responsibilities for the pet should the relationship come to an end.
Parties are far better placed entering into a pet-nup at the outset of acquiring the pet as they are likely to be able to make decisions that are neutral and in the best interests of the pet rather than following separation when emotions are naturally heightened.
Whilst pet-nups are not automatically legally binding in England and Wales, courts will consider them if they are properly drafted and signed voluntarily between both parties.
As a result of the increasing bond and resulting prevalence in disputes concerning pets, pet-nups offer a proactive solution, providing clarity and reducing conflict on separation. As society continues to shift as it has done following the COVID-19 pandemic, it is likely that the legal recognition of pets’ unique status will further evolve, ensuring their well-being remains a priority in family law proceedings.
Disclaimer
The content of this article is provided for general information only. It does not constitute legal or other professional advice. The information given in this article is correct at the date of publication.
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