A petnup is an agreement between two parties to determine what will happen to a pet in the event of a relationship breakdown. It can be a standalone agreement or part of the conditions in a prenuptial, postnuptial, cohabitation or separation agreement.
How do petnups work?
A petnup is drawn up like a prenuptial, cohabitation or separation agreement, but specifically deals with pets. The agreement can set out details such as ownership, maintenance and other arrangements for your pet if you separate or divorce.
Are they worth getting?
Having any arrangements for pets, if the relationship breaks down, clearly set out and agreed beforehand can help avoid any disputes further down the line – helping reduce potential stress, heartache and costly legal bills.
Petnups work in a similar vein to prenuptial agreements, and while not legally recognised in the courts of England and Wales, a court is likely to give considerable weight to what is in a petnup, provided it has been properly entered into. This includes both parties taking legal advice and no undue pressure being placed on either side, among others.
How do UK courts currently decide who gets the pet in divorce proceedings? What factors are taken into account?
The law is clear about who owns a family pet. It is classed as chattel – i.e., an item of personal property – and, technically, the person who bought the animal and to whom it is registered will keep it. The only exception is if there is clear evidence that the animal was subsequently gifted to the other party.
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If parties cannot agree who will have ownership of the family pet, then the courts will check who has proof of ownership and rule in their favour. The legal owner has no binding obligation to give the non-legal owner access to their pets.
A court will look at:
- Who bought the animal
- Who primarily cared for it
- Who paid the vet bills
- Whose name the pet is registered/microchipped in
- Evidence the animal was subsequently gifted to the other party
In some divorce cases, custody of the family pet has been resolved by transferring ownership and pedigree from one person to another, or sharing custody of the pet as well as sharing maintenance costs.
Courts can order transfer of ownership, as an animal is considered a chattel in the same way as a car or possession. The court can also calculate upkeep costs for your pet when calculating income needs as part of the overall financial settlement.
However, in December 2024, a judgment was handed down that indicated the beginnings of a shift in legal attitudes towards pets in divorce. In this case, the judge stated that while the dog was a chattel, it was important to consider the welfare of the pet, and where the animal itself considers home.
How much does a petnup cost?
To draft a petnup only, the cost could be £500-1250 plus VAT, although it will vary depending on the complexity of the arrangements and how long it takes the couple to agree.
What is the estimated cost of pet custody battle disputes?
This can vary depending on the extent of the dispute and associated communication involved, but it could cost several thousand pounds, if not significantly more. If court proceedings are issued to resolve the dispute, that estimate will increase further.
Does a lack of a petnup in the event of a custody battle over a pet lead to delays that end up being costly?
Simple answer to this is yes.
What is the likelihood of a petnup being held up in the event of a dispute?
The recent judgment from December 2024 suggests that the welfare of pets, and what is in their best interests, is very much coming further to the forefront. If the petnup is prepared with the particular animal’s best interests in mind, it seems very likely that it will be upheld.
Gabrielle Read-Thomas is senior associate at Stowe Family Law
