Post pandemic separations cause surge in pet-disputes

Solicitors are calling for more “pet-nup” clauses following surge in post-pandemic pet disputes.

An estimated 3.2 million UK households have acquired a pet since the start of the pandemic, according to the Pet Food Manufacturers’ Association, and with numbers of separations and divorces on the rise due to the effects of Covid-19 lockdowns, it comes as no surprise that more people are now opting for “pet-nups” to safeguard their pets from separation disputes.

Many firms have seen a significant increase in pet disputes in 2021 and are now calling for owners to take action by arranging a pet-nuptial agreement. It is also thought that the soaring price of pedigree pets during the pandemic had increased the risk of post-split disputes.

With no legally binding measures in place for furry companions post break up, a pet-nup clause included in a wider prenuptial agreement can help to decide the future home of a pet during a separation.

Neil Remnant, head of family law at JMP Solicitors, said:

“Once divorce proceedings begin, the custody of the pet is in the hands of the court. They will look at a number of factors such as who can best meet the animal’s needs, who has the most suitable home and what is best for the animal.

A pet-nup clause can have a significant impact on any decision the court is asked to make and sets out the intentions of the parties prior to marriage. It can outline custody agreements, as well as financial responsibilities such as veterinary and grooming bills. Whilst it is not officially binding, it is certainly an influential factor in deciding what happens to pets.”

Professor Ralph Sandland, lecturer in family law at the University of Nottingham, commented to the BBC on whether a pet-nup would stand up in court:

“The final decision whether to enforce any pre-nuptial or post-nuptial contract lies with the family court. However, the judges have made it plain over the last few years that, as long as both parties knew what they were getting into and neither lied to, bullied or coerced the other to get them to agree, then any agreement they make will generally be valid.”

“This would apply to agreements involving pets in the same way that it applies to any other agreement about the couples’ property, as pets are seen by the law as property.”

When drafting a pet-nup agreement, considerations must be given to what would be best for the animal, and agreed primary owners must adhere to the Animal Welfare Act 2006 and be fully responsible for caring for the animal.

The Blue Cross and Kennel Club also both advise against couples having joint custody of an animal as it can negatively affect the animal’s wellbeing and cause stress and confusion. Similarly the splitting up of animals who have lived together should also be avoided.

Dominic Lee, from the firm John Hooper, commented:

“I think there’ll be an increasing need for [pet-nups] because the popularity for pets has just gone through the roof during the pandemic, and they’re also big money as well as the huge emotional investment.”