Ok we’ve heard of pre-nups, but a pet-nup…? The clue’s in the name and it’s not a bad idea to have one if you’ve got beloved furry friends in the family that you can’t live without.

When a couple separates, often the focus turns to dealing with the finances, division of assets, who’ll keep the house, and, of course, looking after the children, but what happens to pets?

As a nation of animal lovers (and a rise in pet ownership thanks to lockdown!), pets are well an truly a part of the family for many, and when a relationship breaks down, pets can provide more comfort than ever – from greeting you at the front door when you get home, to helping to cope with loneliness and cosying up during nights in on the sofa.

But what if your furry best friend is also suddenly taken away after a break-up? It can leave people feeling even more distraught at an already emotionally challenging time. Annabel Andreou, Family Lawyer from Debenhams Ottaway Solicitors fills us in on the need-to-knows about preparing a pet-nup…

Unlike with children, where a judge has the powers to make a Child Arrangements Order setting out who a child will live with and spend time with, nothing currently exists for pets – it’s up to the separating couple to agree plans. This can of course be difficult as emotions may be running high, and it is likely that both individuals will want to continue caring for the pet.
Planning for a possible break up might not sound like fun, but it can be really helpful to agree arrangements when the relationship is stable, or at the time you acquire your pet, to avoid any disputes down the line if the worst happens.
So what should a pet-nup include? They provide details of who the pet will live with, when the other person can see the pet, what will happen if one party relocates, and how the cost of pet food, pet insurance and veterinary bills will be distributed.
Like pre-nuptial agreements and cohabitation agreements (for unmarried couples living together), whilst not automatically legally binding in England and Wales, if they have been properly and freely entered in to, the courts will carefully consider them.

Debenhams Ottaway’s family team can help you with the preparation of cohabitation agreements, pre-nuptial agreements, and pet-nuptial agreements.

Pet-nups: 4 things to know

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