Most Scots Not Aware Pets are Classed as “Assets”, When it Comes to Break-Ups
Published byAmanda Masson
WJM family lawyer Amanda Masson has warned most Scots are surprised to discover their beloved pets are classed as assets – and advises putting a pet-nup in place.
Divorce enquiries often peak in January, and while some couples will have protections in place for their finances and property, they often overlook pets.
But Amanda said this oversight can cause problems when discussing ownership of a pet after separation.
She said many couples are stunned to learn that pets fall into the same category as cars or pensions despite them being considered part of the family.
She explained: “Discussing pet ownership after separation can be an extremely emotional topic. In child custody discussions welfare is the primary consideration, but in the eyes of the law pets are not viewed in the same way.
“They are an asset, meaning custody would be awarded to the person who bought the pet and is registered on their microchip or as the vet contact. This is not something people tend to realise until they are in the position of splitting with a spouse and having to decide who gets to keep the family pet.
“In these circumstances we always advise clients to try and avoid court and explore mediation to reach an agreement. But this can be avoided by putting a pet-nup in place, outlining what should happen to the family pet.”
The first Monday in January is often dubbed “divorce day” by the media as divorce enquiries often spike in the first working days following the festive season.
Yet recent UK figures suggest three in four couples don’t have a pet-nup and 64 per cent have never discussed what would happen to their pet if they broke up.
Amanda added: “No one likes to think at the point of welcoming a pet to the family that there might be a breakdown in the relationship, but a pet-nup brings certainty about what would happen, where the pet would live, or if it would spend time with both parties.
“I have seen examples of sharing custody of pets, which in turn has helped build positive and constructive communication between former spouses, particular where children are involved and might want to spend time with their pet at both parents’ homes. Agreeing a plan for the pet has actually helped to ease tensions and paved the way for the more complex discussions about custody of children.”
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