Pet prenups can make including pets in divorce decrees easier

On behalf of Furr & Cohen, P.A. posted in Divorce on Thursday, December 4, 2014.

When people become engaged to marry, they usually look forward to the co-mingling of their assets after the wedding. The trouble with that thought is that the marriage might not work out. The couple might eventually face a divorce. For Florida residents, that means that assets will have to be divided in accordance with Florida law. While that might be fairly easy for assets like homes and cars, it is much more difficult to divide pets. For that reason, some couples are opting to sign pet prenuptial agreements as a way to stop disputes about animals long before they start if a divorce occurs.

Pet prenups are becoming increasingly popular. When you think about how the law views pets, it is easy to see why couples are turning to these agreements. Pets are considered nothing more than property. This means that the court doesn’t have to think about what will happen to the family dog, cat, bird or horse in the long term. Since a pet is considered property, the best interest of the pet might be ignored.

By signing a pet prenup, you get to decide ahead of time how the pet custody will work. You can decide if one person will simply get custody of the pet or if you will share custody of the pet like you would a child. When you think of the pet prenup, you should think of what is best for the pet.

Because the concept of pet prenups is fairly new, you should work with someone to understand how Florida law will view the agreement. Ensuring your prenup is legal is the first step toward making sure your pets don’t become pawns during a divorce.

Source: The Boston Globe, “Divorce lawyers see uptick in ‘pet prenups’’” James Sullivan, Nov. 22, 2014