Protect The Familys Pawssions With A petnup

Legal experts at Birketts in Sevenoaks are urging people to put pen to paper and sign a petnup to protect their furry family members in the event of a separation.

Petnups, effectively an agreement outlining who is responsible for a pet if a relationship ends, are on the rise as people are increasingly aware of the needs of their beloved animals.

Under English law pets are still classed as personal property. However, a change in attitude in the courts means more couples and cohabiting friends are putting petnups, or pet pacts, in place.

A petnup can take into consideration issues such as ownership and ‘custody’, financial responsibilities, contact with the non-resident party, and what happens to the pet in the event of the owner moving away or their death.

Claire Tollefson, Senior Associate in Birketts’ Sevenoaks family team, said: “A recent landmark case saw the emotional needs of a dog factored into a judge’s ruling, demonstrating that the courts recognise pets as conscious beings, rather than mere property. This is important because it acknowledges the fact our pets are more than just possessions.

“Prior to the judgement, court considered a pet to be a chattel, a thing or a piece of property, like any of the household contents, with people even wrangling over proof of ownership, such as the name on the Kennel Club register, who bought it, or even who pays the vet and insurance bills.”

The landmark case, FI v DO [2024], involved a separating couple who were in dispute over who should have custody of their dog. The judge in the case looked beyond the simple question of pet ownership, eventually ruling that the wife should keep the dog, due to the emotional attachment of the children and the continuity of care for the pet.

Claire Tollefson added: “This was a happy ending for the dog, but the court battle to come to that decision would have been costly and acrimonious. To reduce the stress during a break-up, having a petnup in place saves time and costs, helps to avoid disputes and provides clarity of responsibility for things such as vet bills. It protects both you and your pet.”

The Animal Welfare (Sentience) Act 2022 formally recognises pets as feeling pain, joy and stress. This legal recognition combined with a petnup means their emotional needs will be considered in the event of a relationship breakdown.

The family team at Birketts provides compassionate, practical advice on petnups to help you safeguard your entire family, or resolve disputes. The team includes experienced mediators and arbitrators who can help guide you towards a resolution that works for everyone. For more information visit www.birketts.co.uk/service/family.

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