Needless to say, this can be a real bone of contention between separating couples – especially those who are leaving the relationship on bad terms. Who the beloved family dog or cat will live with can cause more arguments than money, and can be really difficult to sort out.

This is why the idea of pre-nuptial agreements involving pets, or ‘petnups’, is starting to become popular. Couples can make an agreement for what will happen to family pets in the case of divorce, and they can do it in advance - ideally as soon as the pet joins the family. This means that pet owners can make rational, calm decisions, putting pet welfare at the heart of their plans. It can also save a lot of heartache and stress later on.

According to animal charity Blue Cross, an average of four pets are taken in by the charity every week because of relationship breakdowns. Couples fight the most about dogs and cats, but ownership and access to rabbits, guinea pigs and even horses are also hot topics for post-split disputes.

How to draw up a ‘pet nup’ and what should be included?

The Blue Cross has a handy Pet Nup document you can download and complete. It’s been drawn up in partnership with divorce law experts and sets out the rights of ownership in case of relationship breakdown.

 It includes the following:

• Details of the specific care the pet needs – and an agreement that whoever houses the pet will provide the care
• Other specific pet arrangements, including who the pet will live with and if the owners will split custody
• Details of the financial share of ownership of the pet (i.e. both parties have an equal share)
• Who will pay the expenses connected with looking after the pet
• Responsibility for microchipping, insurance, fines and vets bills
• What happens on holidays
• What both parties agree to in relation to breeding
• The circumstances in which the terms of the agreement can be changed, and how that will work.

The charity also has a simplified version – the Blue Cross Deed of Agreement. 

Is a ‘pet nup’ legally binding?

In itself, a pet nup agreement isn’t a legally binding document. However, like other kinds of pre-nuptial and post-nuptial agreement, it may be given consideration by the courts in a divorce case. This is because it’s a signed agreement made between both parties, setting out your shared wishes at the time. It might make it easier for a court to decide what should happen to family pets, in case you can’t agree later on.

It isn’t the way that most of us like to think about our furry friends, but pets are considered property in the eyes of the law. So it makes sense that a prenuptial agreement that mentions them might be at least considered by the court in a divorce case.

For more help on this and other issues relating to the division of property, assets and money, it’s a good idea to seek legal advice. Get in touch with Wirral divorce solicitor Tracey Miller Family Law for a free initial consultation. Call us on 0151 515 3036 or 07795 060 211.