Skip to main content

News story

March 31, 2023

National Pet Month – Have you got a pet-nup in place?

National Pet Month runs from April 1 - May 1 2023, and aims to promote responsible pet ownership. As a nation, we love our pets, and with more than half of households in the UK owning at least one pet, pets are a huge part of our lives for many of us.

Pet-nup Have you got yours? Photo of a French Bull dog Photo by Karsten Winegeart on Unsplash

Photo by Karsten Winegeart on Unsplash

If you are in a relationship and own a pet together, have you ever discussed what will happen if you decide to part ways? While, at the moment, you might not see the need to draw up such an arrangement to cover such an eventuality, unfortunately, things can change. In this article, we look at why considering a ‘pet-nup ‘is worthwhile.

What is a pet-nup?

A pet-nup, or a pet prenup, is an agreement between two people who own a pet together. It outlines how they will handle the care and ownership of the pet should they decide to part ways. It is an important document to consider when in a relationship where there is a pet, as it can prevent a lot of heartbreak and stress if a couple decides to separate. 

What happens to pets in separation proceedings?

When a couple decides to separate, the ownership of the pet is typically based on who purchased the pet and who has been the primary carer. This can be complicated and confusing, leading to drawn-out court proceedings and a potential tug-of-war over the pet. With a pet-nup, the ownership of the pet is specified, so there is no need to go to Court.

Is a pet-nup legally binding?

A pet-nup is not a legally binding document. However, as with pre and post-nuptial agreements, they are being increasingly recognised during separation proceedings and given more consideration by the Court. It can make it easier for a judge to determine what will happen to the family pet.

​Can a pet be included in a standard pre-nuptial agreement?

​ Yes, as a pet is considered property under the law, a clause can be included in a standard pre-nuptial agreement to help prevent future disagreements regarding the pet’s care and clear pet custody after divorce.

Why should I consider getting a pet-nup?

A pet-nup is beneficial for both pet owners and pets. It ensures that both parties understand their rights and responsibilities regarding the pet. It can help prevent disputes and court proceedings if you and your partner decide to part ways.

Advantages of having a pet-nup agreement in place

Even if you think you might never need to use it, there are several advantages to drawing a pet-nup agreement with your partner, as it can:

• Specify who is the primary owner of the pet

 • Establish who will be responsible for the pet’s care and expenses

 • Establish visiting rights, if desired

 • Prevent disputes and court proceedings if you separate

 • Protect both parties and the pet from potential legal and financial issues

Considering a pet-nup is a great opportunity to discuss how the pet will be handled in the event of a separation and to put the necessary measures in place to protect the pet and both parties. In addition, taking the time to create a pet-nup can save stress in the long run.

Speak to family solicitor Pippa Marshall today to find out more.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Strategic lifetime gifting
    How to minimise your IHT liability during your lifetime.


    Read more
  • Navigating directors’ duties
    Legal responsibilities and risks for UK company directors


    Read more
  • Preparing a business-lasting power of attorney
    In this article, private client solicitor Herman Cheung of West End law firm RIAA Barker Gillette (UK) considers the advantages, needs and practical examples of creating a bu


    Read more
  • Can you make a WhatsApp will?
    Key legal requirements and future outlook.


    Read more
  • Supporting neurodiverse people in family law matters
    Understanding neurodiversity in the legal context.


    Read more

What they say...

  • Michael, May 2025
    “Very pleased with the services provided by Charlotte Barbaroussis. Particularly found her quick and effective to reply to any queries.”

  • Malcolm & Sheila Blackmore, May 2025
    “My wife and I engaged RIAA Barker Gillette to prepare our wills and LPOA’s. James McMullan and Charlotte Barbaroussis were the epitome of professionalism – responding quickly, talking us through the legalese, clearly answering any

  • Ian, April 2025
    “Martin and his team at Barker Gillette acted for us in our purchase and sale of property. The chain was lengthy and elements of the work became complex. Martin was tenacious and resolved to answer our queries as they arose. He handled all aspe

  • Henry, April 2025
    “We have purchased flats before with 2 different solicitors who were unable to help us this time. Martin came highly recommended and are we glad. He was very professional in every way: knowledgeable, approachable, he has a friendly manner, very

  • Megan Purcell-Jones, April 2025
    “Charlotte was extremely diligent and thorough. She talked us through the process of making our wills and listened to and understood our needs and the complexities involved. Extremely patient and very clear.”

Read more
Send this to a friend