Paws for thought – why having a ‘pet-nuptial’ agreement is the ultimate preparation

woman holding dog

Couples who have adopted a pet during the pandemic can save themselves the unnecessary heartache of losing shared pets by arranging a 'pet-nuptial' agreement in case – obviously here at County Wedding Magazines HQ we truly hope it's not the case – of future separation with their partner. 

For custody of furry friends, there is currently no official legally binding measures in place for what happens to pets after a breakup. 

Legally a pet is seen as an asset, and as with any assets in a divorce, ownership will be decided by the court - however having a prearranged agreement in place, commonly known as a prenuptial agreement, can assist the court to make a decision. 
To decide the future home of a pet during a separation, couples can include a clause in a wider prenuptial agreement regarding ownership of an animal in the same way they can for material goods, such as furniture or a TV.

couples dressing up with their pet dog

Pre-nups are seen as a reflection of the parties' intentions regarding ownership of property and assets prior to marriage, and although they are not legally binding in the UK, they will be taken into consideration by the court in the event of a relationship breakdown. 

Despite pets being a big part of the family, animal charities such as The Blue Cross and Kennel Club both advise against joint custody of an animal as it can be unsettling and negatively affect the animal's wellbeing. Splitting up animals who have lived together for a long time may also cause distress to animals so it's not advisable. It is suggested to appoint a primary caregiver of the animal upon adopting, with a pet-nup clause outlining who this will be and what the duty of care will entail. 

Neil Remnant, head of family law at JMP Solicitors, said: "With many couples adopting pets during lockdown, it is important to implement safeguarding in case of an eventual relationship breakdown to ensure you, your family and your pet are put through the least amount of distress possible. 
"Once divorce proceedings begin, the custody of the pet is in the hands of the court. They will look at a number of factors such as who can best meet the animal's needs, who has the most suitable home and what is best for the animal. 
"A pet-nup clause can have a significant impact on any decision the court is asked to make and sets out the intentions of the parties prior to marriage. It can outline custody agreements, as well as financial responsibilities such as veterinary and grooming bills. Whilst it is not officially binding, it is certainly an influential factor in deciding what happens to your pets. 
"When drafting the agreement, it's important to bear in mind what would be best for the animal, and agreed primary owners must adhere to the Animal Welfare Act 2006 and agree to be responsible for caring for the animal in all eventualities." 

To find out more about pet-nups and available family law services, please contact JMP Solicitors.

You may also be interested in

Everything you need to know about prenups

Everything you need to know about prenups

Prenups are fast becoming a key part of wedding planning for many Brits, with new data from leading law firm Mills & Reeve showing a sharp surge in demand during the second quarter of the year, dubbed by the law firm as 'prenup season'. Brett Frankle, partner at Mills & Reeve, explains how the trend has developed and why more couples are choosing to put agreements in place ahead of their wedding. Over the last five years, we have seen a sharp rise in prenups between April and July, linked to summer weddings, preholiday planning and timesensitive instructions before ceremonies, with July proving particularly popular.

READ ARTICLE

The ‘I Do’ Dilemma: Why Couples Struggle to Sign Their New Names

The ‘I Do’ Dilemma: Why Couples Struggle to Sign Their New Names

More couples than ever are choosing to combine their surnames after marriage, but many are running into one unexpected problem: they can't sign their new name. Searches for "combined surnames" have risen by 37% in the past month, according to new data analysed by luxury pen brand Scriveiner. Interest has been steadily increasing over the past year, with a clear spike in the lead-up to wedding season between late spring and early autumn.

READ ARTICLE

The Overlooked Legal Steps That Could Invalidate Your Wedding

The Overlooked Legal Steps That Could Invalidate Your Wedding

Planning a wedding in the UK comes with a surprising number of legal "gotchas" that couples often overlook. Following reports that Olivia Attwood and Stacey Solomon had elements of their weddings deemed non-legal, along with summer being peak wedding season, jewellers Queensmith are reminding couples of the most common legal pitfalls so they can enjoy their big day with peace of mind. From giving notice at the register office to having the right witnesses in place, missing just one requirement could mean your dream wedding isn't legally binding.

READ ARTICLE

The wedding favours taking off for 2026 - from socks to seed packets

The wedding favours taking off for 2026 - from socks to seed packets

Loved by nearlywed couples planning their big day, wedding favours are a wedding staple, with new data revealing searches are up significantly ahead of the 2026 wedding season. But industry experts say 2026 weddings will shift away from one-size-fits-all gifting favours, with a stronger focus on personalised touches that guests actually want to keep. With this in mind, gifting and accessories brand Sayers London has revealed the most in-demand wedding-favour ideas for 2026, alongside insights into how fiancés are rethinking tradition to create more memorable experiences for their guests.

READ ARTICLE

Subscribe to Your Sussex Wedding Magazine for free

VISIT SITE

Follow Your Sussex Wedding Magazine on Facebook

VISIT SITE

Follow Your Sussex Wedding Magazine on Instagram

VISIT SITE

Submit your wedding to be featured in Your Sussex Wedding Magazine

VISIT SITE