The animal charity Blue Cross has introduced the world’s first ‘Pet Nuptial Agreement’ to deal with how pets are treated on divorce and separation.
The law views pets as chattels i.e. possessions, rather than considering their welfare as the primary consideration. There is limited case law on the treatment of domestic animals where their welfare is put first.
On divorce a court can take into account the costs of looking after a pet when awarding spousal maintenance but this is rare. When an animal is worth a considerable amount of money, this could affect the overall capital settlement.
For children a beloved pet can be a huge comfort when their parents are separating and it is vital that the pet lives with them to provide continuity and security.
Sadly, for a number of separating couples a pet is an expense they can ill afford and animals are either responsibly re-homed or in some cases abandoned. In homes where there is domestic abuse, it is well known that the pet is often a silent victim of mistreatment.
The website offers a detailed and comprehensive ‘Pet Nuptial Agreement’ and it is made clear that certain parts will not be enforceable by a Court. It also provides a more straightforward ‘Deed of Agreement’ which sets out who should own the pet on separation. Both forms are downloadable from the Blue Cross website www.bluecross.org.uk.
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