Have you ever considered what will happen to your furry friend if you divorce from your partner? As a paw-rent myself, I am pleased to share the following information with you.
Although pets become members of the family, the law classifies them as chattels (i.e., personal property, such as your car or jewellery). For many people, this does not do their four-legged friends justice! Nevertheless, from a legal standpoint, the person who takes ownership of the pet, after divorce, is determined by purchaser of the pet and to whom it is registered to.
However, this position can be rebutted if it is possible to raise evidence showing the pet was a gift from one party to another. Here, ownership may be transferred, this is because legal title to a chattel transfers to the transferee either by deed of gift or delivery of the chattel and evidence of the transferor’s intention to transfer it.
Whilst the courts have jurisdiction to make orders dividing chattels, the court may not be willing to decide ownership of your pet. If there is a dispute during divorce as to ownership of your pet, mediation or arbitration are the suggested methods of resolution. That being said, if parties have agreed terms of a financial consent order, it is possible to document any agreement regarding the family pet in the preamble to such order.
Whilst you may feel disheartened as to what you have just read, the introduction of ‘Pet Nups’ may bring you some joy. A pet nup (otherwise known as a Pet Nuptial Agreement) is similar to a Pre-Nup Agreement.
A Pet Nup sets out the living arrangements for our pets and provides to parties the reassurance that their pets will be able to live their best lives and receive the correct care. So, with that being said, when the time comes for my partner to bend the knee, I will make sure I have the right protection for my pup.
PardoesSolicitors