The prenuptial agreement is a well known devise used to protect the assets one or both spouses bring into the marriage. Many assume they are useful only for the rich that have substantial property but they can also be valuable to protect a important possession that is near universal, a pet. Divorces are often acrimonious when one, or both, of the former lovers seek to emotionally harm the other which makes a using a beloved pet a tempting target. By using a prenuptial agreement, the true ownership of a pet brought into a marriage can be established and prevent deliberately hurtful claims that one spouse knows will cause heartache. Despite the fact that pets are often viewed as surrogate children, courts have no obligation to take such an attachment into consideration nor will they view the best interest of the pet as a factor even if the animal had a developed a deeper bond with one spouse over the other. While these agreements are still not common, they will likely grow in popularity as individuals seek to protect themselves and the animals they love.
See Marie Carter, Pet Prenups: Should furry family members no longer be classed as property?, The Independent, January 22, 2016.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
