40 Te Modern Family Family Life


Pet prenups A


round one in three households in the UK now own a dog, and over the past few years, ownership has


been on the rise. Data from animal charity the PDSA shows there were nine million dogs in ownership in the UK in 2018, rising to 11 million in 2023. It’s not just dogs that have become welcome additions to our families — the UK Pet Population survey says more than half of all adults now own a pet of some kind. Mike Bourton is one of them.


Mike lives alone with his dalmatian, Bruce, a rescue dog he describes as his “happy ending” after he lost two dalmatians in a previous break-up. “I paid £2,000 for Patch and Missy,” says Mike. “Tey were my dogs, and I would do anything for them, so much so, I gave them away. My partner wanted to separate them when we split up, she would keep one and I would have the other, but I just couldn’t do that, they were brother and sister. So, l let her take them.” Two weeks after the split, Mike explains, his ex-girlfriend rehomed both dogs. Mike’s story is becoming


increasingly common with family solicitors, who are reporting an increase in pet custody enquiries. “We get at least three or four calls a day,”


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says Dheeba Ali from Blanchards Law in Henley, “and I have five cases on the go at the moment.” Most of Dheeba’s cases involve dogs, but she’s also dealt with ferrets, rabbits, hamsters and even goldfish. “Te first thing we do”, she explains,


“is to try to establish who it is who legally owns the pet. We ask who paid for it and who’s registered with the vet, insurance company and on the microchip. It sounds fairly straightforward, but it’s often complex, and it can also become expensive.” Courts in Spain and France will


often consider the welfare of a pet and its best interests, but in the UK, they’re classed as possessions. “Tis comes as a complete shock to people who view their pets as so much more,” says Stacey Nevin, a partner at Kingsley Napley. “Couples have to reach an


agreement on the ownership of pets in the same way they do the kitchen table, or they have to ask the court to decide. Dogs are sentient beings, they’re part of the family, and the law really needs to catch up with this.” Until it does, Deeba, Stacey and


countless other family lawyers are encouraging couples to make an


agreement when they first buy a pet, or when their relationship is in a happier place, to avoid costly and stressful visits to the courts. “It’s becoming more common to


have a clause in a marital prenuptial agreement detailing what will happen to pets in the event of a break-up, but even if you’re not married you can still create a prenup detailing ownership terms,” adds Stacey.


THREE THINGS TO KNOW ABOUT PET PRENUPS


in English law to say a court has to uphold what.


a case and are being considered by judges in UK courts.


approach that’s often recommended, but couples should consider the welfare of the animal as a priority.


1 2 3


The Modern Family A puppy sitting at home alone, waiting for its owner PHOTOGRAPH: GETTY


It’s possible to share ownership of a pet after a break-up, an


In a growing number of cases, these agreements add weight to


This isn’t a legally binding document and there’s nothing


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