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Who keeps the dog or the cat? This is a question that many couples ask themselves when they separate. To avoid pet custody becoming a conflict in the event of a divorce, some “pet parents” choose to sign a contract before getting married.
In the United States, prenups are commonplace. Almost no one is surprised when the future spouses sign a document in which they decide how their property will be divided in the event of the dissolution of their marriage or their death.
But recently, lawyers have been surprised to see a large number of couples mentioning their pets in their prenups. Maryland family law attorney Meg McKinney estimates that about a quarter of the prenuptial agreements she has drafted include a pet clause, while her New York colleague Yonatan Levoritz estimates the figure is closer to 20 percent, they told Business Insider.
How do you explain that pet owners include their furball in their marriage contract? First of all, by the attachment they have for their beast. More than 50% of American “pet parents” see their little companion as a member of their family, just like any of their loved ones, according to the Pew Research Center. So they worry about their well-being if they were to separate from their spouse.
Because in most states in Uncle Sam’s country, dogs, cats and other pets are considered personal property, not sentient beings. In the event of a divorce, the ex-spouse who purchased or adopted the animal can claim ownership and, by extension, sole custody. If it was acquired by the couple during the marriage, the animal legally belongs to both of them. They must therefore decide by mutual agreement on the terms of custody, or let a judge decide for them.
Protecting Animals from Spousal Conflict
A situation that could lead to legal imbroglios. Actors Shantel VanSanten and Victor Webster went to court to determine custody arrangements for their dog, Nova, following their divorce. It was decided that each of them can keep her for three consecutive weeks. If Mrs. VanSanten does not return Nova to her ex-husband on time, she will have to pay him $10,000 for each additional day of custody, according to Page Six.
This court decision may seem extreme, but it shows how important it is for couples to think about their little companion’s future if they end their relationship. Yet few of them do so. 56% of owners surveyed in the context ofan investigation Rover company employees say they have never discussed with their partner the arrangements for keeping their pet in the event of separation or divorce.
Which is unfortunate for Philip Tedeschi, a specialist in human-animal relations.We must […] Protecting our pets from conflict or disruption, whether it’s a sudden change in routine or the sudden loss of a familiar environment. Pets play an important role in the development of a couple’s life and teach us a lot about ourselves and our partners. A custody agreement is a healthy co-parenting commitment that, in the long run, improves the well-being of the animals” he says in the Rover investigation.
Countries like Spain and Portugal have decided to legislate on these issues so that the welfare of animals is taken into greater account in divorce proceedings, as is the case with children.