Is a Prenuptial Agreement That Discusses Pets Enforceable?

 Posted on February 02, 2023 in Pet Custody

On average, people are putting off getting married and having children until their late twenties and early thirties. In addition to giving people more time to accumulate assets of their own, those who wait until later to get married may be more likely to have pets when they enter the relationship. Other times, a couple who is already married might test their ability to keep a helpless creature alive by getting a pet before they commit to trying to have a baby.

However you come to pet ownership, one thing is certain: If you and your spouse end up getting divorced, you do not want your divorce to impact your ability to spend time with your beloved pet. Savvy couples are finding ways to protect their pets from divorce by signing a prenuptial or postnuptial agreement that details pet custody after divorce. How can a prenup or postnup manage a pet? Read on to find out, and then contact an Illinois family lawyer who can help you create an enforceable premarital agreement of your own.

Can Prenuptial Agreements Address Pets?

One of the hard and fast rules about premarital and postmarital agreements is that they cannot manage issues of custody or child support when it comes to human children. So how could they do the same for pets?

The answer lies in the fact that, no matter how much we may feel as though our pets are members of the family, the law sees pets as property. Premarital agreements are primarily designed to manage the division of assets and debt in a divorce, and pets can be an important part of such an agreement.

Your “petnuptial agreement” can address various issues related to your pet’s care, including a custody schedule, where your pet will live, who will pay for the pet’s care, and more. Depending on the pet you have, you may want to simply work out a 50/50 shared schedule. However, certain pets - like show horses and dogs - need to be available for events and training. This can complicate the process, but it does not mean you cannot reach an agreement.

If you get your pet after you are already married, a postnuptial agreement works just as well as a prenuptial agreement. However, as with any marital contract, it is important to ensure that you follow the rules about properly writing the contract. Both spouses should be sober, of sound mind, and have the advice of an attorney. The contract should be fair or at least not unconscionably unfair.

Contact a Kane County, IL Prenuptial Agreement Lawyer

Your relationship with your pet might be one of the most important relationships in your life, and its length might outlast your marriage. If you are concerned about protecting your ability to care for your pet even after divorce, contact a Kane County prenuptial agreement attorney with Goostree Law Group. We offer free consultations. Call 630-584-4800 now to get started.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59