Planning for Your Pet's Future: Legal Considerations for Dog Owners
We understand that dogs are part of the family and you may wish to put a plan in place for them in case certain situations arise.
Pets during divorces
It is no surprise that pets are brought into discussions when trying to reach an agreement as to the owners they are part of the family. However, the difficulty is that if an agreement cannot be reached between the parties the Family Court has no particular power to deal with pets. They are unfortunately treated like any other asset and this therefore ignores the emotional attachments that couples have to their pets. The Court does have the power to transfer the ownership of the pet and they would consider who paid for them, who is the registered legal owner, who pays for expenses such as food, insurance and vet bills.
To try and avoid any dispute around their pets some couples decide to enter into a pet-nup. This sets out plans for the pets if they were to break up, it can cover who will look after the pet and pay the expenses associated with the pet. Although couples continue to split up and have a divorce, very few enter into Pre-Nuptial agreements let alone a Pet-Nuptial agreement.
What happens to my dog when I am unable to care for them due to illness or old age?
Usually when a person dies or becomes unable to care for their pet either a friend or family member will take on this responsibility. A clause within your Will or Letter of Wishes can set out who you wish to care for your pet. Make sure you have a conversation first with this person first to make sure they are happy to take on this responsibility for you.
However if you live alone or do not have any friends or family who are able to help, there are charities available to provide help and support for you and your pets when you are no longer able to care for them yourself without support.
The Dogs Trust has a Canine Card scheme which allows you to register your dog with them. If you have registered your dog with this scheme and you become seriously ill or pass away the Dogs Trust will look after them and help them to find a suitable new home.
The Cinnamon Trust is another charity whose aim is to keep you and your dog together. They can help by walking your dog, bring dog food or foster your dog if you need to go into hospital care. Whilst the dog is in their care they will keep in touch with their owners by visiting, if possible or regular photos of their dogs.
