This is the fourth of a series of monthly legal articles by law firm Hegarty Solicitors, with offices in Oakham, Stamford and Peterborough. Established in 1974, Hegarty Solicitors offers expertise across a wide range of legal services and the company's experienced and accomplished team of solicitors and legal advisors can put you, your business and your family in a strong position for the future.

What is a pet-nup?

A pet-nup is a type of prenuptial agreement that outlines what would happen to a pet in the event of a couple breaking up and going their separate ways. The first legally binding pet-nup was reportedly drafted in 2014 by the Blue Cross charity.

According to figures published by Direct Line, over 28,500 divorce cases in 2018 involved a dispute over a pet. The disputes mainly involved former couples deciding which person their pet would live with.

It is estimated that 1 in 20 pet owners in a relationship now have a pet-nup in place, with many more considering putting one in place.

What does a pet-nup include?

A pet-nup can include clauses such as when the pet can be contacted, the breeding rules and where the pet will be groomed. The agreement may be quite brief or very detailed and depends on the type of rules that the couple wish to put in place.

Issues surrounding pets can also be included in a regular prenuptial agreement and this practice is becoming more and more common.

How does the court make decisions on the custody of pets in a divorce?

Although pets are often regarded as family members, pets are seen as personal property by law and so there are no special provisions regarding custody of a pet after a divorce or separation.

It is always better to try and come to an amicable agreement than enter into a courtroom battle.

If a couple fails to come to an agreement about the ownership of a pet, a judge might require a pet to be sold or bought by one from the other.

Courts may take into consideration key issues such as who takes care of the pet's daily needs such as feeding, walking, grooming veterinary care in order to decide who should take ownership of the pet.

When matters get complicated

The emotional attachment to pets can be huge and having a pre-determined agreement about care and custody in the form of a pet-nup, should the relationship end, is an appealing idea for many couples.

However there may be issues around its enforceability if there's a dispute, but if a couple agrees matters up front in writing they are more likely to stick to it in the event of a divorce or separation.

For further information please contact Pavinder Khela at Hegarty Solicitors on 01780 750 956 or email [email protected].

Pavinder Khela is an accomplished family solicitor of 15 years and joined Hegarty's in June 2016. Pavinder's expertise in family law includes advising clients on prenuptial agreements, separation agreements, divorce, all financial matters and pension sharing and all aspects of private children disputes including living arrangements, contact disputes involving parents, grandparents, aunts, uncles and unrelated parties. For eight years, Pavinder has been accredited as a specialist family law solicitor in domestic violence and private children law with Resolution - a national organisation of Family Solicitors.