MORE THAN 17 million people now own pets in the UK, and the surge is prompting people to think about a “petnup”.
While lockdown has seen a rise in pet ownership, it has also put a significant strain on relationships, causing spikes in divorce and breakup.
Legal experts at Langleys Solicitors are encouraging owners to “take the sensible and logical step” and set out arrangements for pet custody upon separation.
Theo Hoppen, partner in Family Law at the solicitors, said: “Aside from the arrangements for children, deciding who takes the family pet can be one of the most difficult battles to have when dividing up assets on separation.
“While a pet can quickly become part of the family, the law is clear and treats pets as chattels — an item of personal property, such as a piece of furniture or a car.
“If parties cannot agree arrangements for Fido, a court will only be interested in who paid for the pet and who was responsible for the pet financially.”
This applies unless one person can prove the pet was a gift, or there was an agreement of shared ownership.
He added: “A judge will not be interested who takes the dog on better walks or gives him the better belly rubs and they are unlikely to get involved in arranging visiting hours, financial support or any other decisions pet owners feel need to be made.
“If discussions aren’t getting you anywhere, a dispute over who keeps the family pet may be resolved by mediation, enabling you both to sit down with an impartial mediator who can help guide you to a resolution.”
He said couples should consider a “petnup” as a preventative measure.
“This can set out the arrangements upon separation and confirm who the pet will live with, who will pay for vet fees and who will ultimately care for the pet,” Mr Hoppen said.
“When drafted correctly, a petnup can form a contract between you and your partner which will likely be upheld by the court.”
For more information, visit: www.langleys.com