Mackrell LLP, an international law firm, is advising couples with pets to consider pet-nups to prevent ownership disputes, as more individuals in their twenties and thirties are choosing dogs or cats instead of starting a family.

For many individuals, pets hold the same emotional value as children. The thought of separation can bring fears about who will keep the animal and how it will be cared for.

Alison Green, Head of the Family and Relationship Team at Mackrell LLP, explains: “Under current law in England and Wales, pets are categorised as personal property, meaning disputes about their future are handled in much the same way as disagreements over sofas or vehicles.

“Clients are often surprised when I tell them courts do not consider emotional attachment or welfare in the same way they would when making decisions about children.

“Instead, courts will use physical evidence, such as purchase records, adoption paperwork or vet bills to decide who is the owner and settle the dispute.”

Disputes can become emotionally charged, particularly where both partners share a close connection with the animal. Reaching an agreement outside of court is usually the most constructive route.

“Alternative dispute resolution, like mediation, provides space for couples to discuss what arrangement best serves the pet’s wellbeing,” Alison adds.

“Some people will agree on shared care, where the pet alternates between homes. This only really works well if both parties remain on good terms, as it requires a lot of goodwill and consistency.”

Rising living costs, career priorities, personal freedom, uncertainty about the state of the planet and changing attitudes to family structure all contribute to the increase in people deciding not to have children.

For many couples, pets provide companionship and routine in a way that fits more comfortably with modern lifestyles.

Recognising this trend, pet ownership agreements, often known as pet-nups, were first promoted in England around ten years ago through a campaign supported by The Law Society and animal charity Blue Cross.

These documents typically outline who is responsible for the pet and the associated costs, as well as the arrangements that will apply if the relationship ends.

In most cases, a pet-nup can prevent disputes about ownership from arising.

“Creating a pet-nup at the start of ownership can avoid costly and stressful disputes later in case of a relationship ending. It records both parties’ intentions clearly, which helps guide future decisions if circumstances change,” Alison explains.

“Couples often discuss who provides daily care and who has the most suitable home environment. People with dogs may find it more practical for the animal to live where there is outdoor space for exercise, while contained pets such as fish, hamsters or reptiles can usually adapt more easily to different settings.

“In cases where the couple have children and the pet has bonded with them, many choose to keep them in the same household so as not to cause additional distress for the children or animal and for the pet to travel with the children as the children move between parents.”

Although a pet-nup is not legally binding in England and Wales, courts will usually take its contents into account when resolving disputes, similar to that of a prenuptial or postnuptial agreement.

Campaigners continue to call for reform to reflect the sentience of animals within family law to accommodate the modern world.

Some European jurisdictions already require judges to consider a pet’s welfare during divorce proceedings, setting an example that many believe England and Wales should follow.

“While legislation remains as it is, it would be wise for anyone who has a pet that they share with a partner, roommate, friend or family member to consider a pet-nup. People plan ahead for finances, property and children, so it only makes sense to include pets in those conversations.”

Mackrell LLP specialist family solicitors can advise on what rights you have to your pet and offer dispute resolution services, such as mediation, to help you and your partner reach a mutually acceptable agreement.

For assistance with pet arrangements, please visit www.mackrell.com or contact Alison Green the Head of the Family Relationship Team on alison.green@mackrell.com