It’s a serious question that you should ignore at your peril. Who needs a pet-nup (also known as a pet-nuptial agreement)? It may seem like an odd question if you are not a pet owner. Why should it matter who gets the dog after a separation, and should you consider getting a Pet-Nup?

Nick and Ellie.

I recently received a call from a potential client who wanted to know his rights regarding the living arrangements for his dog. Nick (not his real name) was separating from his wife of four years. They had cohabited for a total of six years. He had bought his little dog Scamp just before he met his wife, and the couple used to joke about how they had arrived in his life about the same time and were a package deal. Nick didn’t have a legal agreement or Pet-Nup and worried he would lose his dog.

Official ownership of the dog.

In law, a family pet is considered a chattel, a piece of property. The dog may be a sentient being, but legally, it is chattel, not unlike a family car. Nick bought the dog, held the ownership papers, and paid for the pet insurance; therefore, he could legally be viewed as its owner.

Nick’s wife (Ellie) fed and walked the dog daily. She felt a strong connection with Scamp and considered the little dog hers. Should a Pet-Nup have been created by them?

The rest of the details of their divorce were pretty straightforward (if a divorce can ever be considered so): They rented a flat together, didn’t have children, and were seeking a clean financial break from each other. Scamp was their only sticking point, and neither person wanted to concede.

Is a dog a member of your family?

I advised Nick that he may need to speak to a lawyer if they couldn’t find an amicable solution. I would happily provide relationship coaching, but legal advice should be sought if necessary. A pet-nup isn’t legally binding, but had one been in place, it would have been considered in their legal dispute.

My initial simple answer was for the couple to share the time with the dog. Scamp is a member of their family and could easily live another six or seven years. I suggested prioritising his needs and welfare, and for them to reflect on where he will be safest and happiest. I reminded him to consider the practicalities, i.e., who has a garden space and time to walk, groom, wash, and feed the dog? After all, should you get a Pet-Nup to address such considerations?

The harsh reality is that if a dog lives on average for twelve years, there will be marriages that don’t last as long. Therefore, what happens to all of the pets?

Helpful links:

ttps://www.bluecross.org.uk/pet-nup – Blue Cross have a free download of a pet-nup and deed of agreement.