Avoiding Costly Legal Battles Later On by Addressing Pets in A Prenuptial Agreement
Avoiding Costly Legal Battles Later On by Addressing Pets in A Prenuptial Agreement Feb 7, 2020 An article recently featured in TIME magazine highlights why it is so important for couples to address certain issues in pre-and post-nuptial agreements, including pet custody issues, in order to avoid expensive, lengthy court battles later on. The article highlights just how important pets are becoming to us and how one individual spent close to $40,000 in legal fees fighting for custody over dogs in their divorce because the custody issue was not addressed in a prenuptial agreement. Pets are becoming just as important as children for more and more people each day. In fact, according to a survey by the American Veterinary Medical Association, 80 percent of pet owners view their pets as family members. More and more pets are also adopted rather than purchased and described as mixed breeds, indicating that their value comes from something other than what they cost. In fact, of the more than 1,000 millennial pet owners surveyed in 2018, almost 70 percent indicated they would actually take work leave to care for a new pet if possible, and 60 percent of men and 80 percent of women considered their pets to be their “fur babies.” Pets as Property: Where The Court Battles Originate Because in most states pets are still considered property, where there is a custody dispute, judges tend to assign responsibility based on who adopted or purchased a pet, or, if this cannot be ascertained, whoever paid for the pet’s care over the years. However, some couples decide that if two pets have bonded during the relationship, they should be kept together and, as a result, one person will have primary custody and the other one will have visitation rights, etc. Still, if this is not recorded in a prenuptial agreement, it is subject to one person suddenly deciding to cancel the arrangement, which then can result in a court battle. This is becoming more and more common, especially as more and more people consider pets to be like children and will therefore sometimes come to feel that the other individual is not properly taken care of the pets. As a result, pet custody disputes after divorce are becoming more and more common, and they can become complicated because courts and divorce laws fail to recognize that pets are not equivalent to other property items. While some states are working on making progress to change the law on the issue, unfortunately, Florida does not yet have laws that treat pets as family members. With courts ill-prepared to adjudicate these battles, and unarmed with the right laws, these disputes can drag on for years and cost plenty as a result; that is, unless a pre- or postnuptial agreement specifically addresses who will have custody/visitation/etc. when it comes to the pet(s) in the instance of divorce. The Key Is Addressing This Early On: Contact Our Florida Prenuptial Agreement Attorneys There is no question that pets are more than property. They have awareness, emotions, sentience, and inherent value that distinguishes them from property. However, the law drags behind the science and the reality of our lives in this regard, and until divorce laws and the courts are more prepared to address pet issues in every divorce, it is essential that pet owners come to an agreement either before they are married (prenuptial) or after (postnuptial) in order to avoid expensive court battles later on. Our Tampa family attorneys are prepared to help you avoid a volatile situation when it comes to family court matters, including assisting you in planning for everything that is important to you in a pre- and/or postnuptial agreement. Contact us today at HD Law Partners to find out more about our services. Resource: time.com/5763775/pet-custody-divorce-laws-dogs/ 12 Signs That Divorce May Be a Happier Choice for You Posted in Divorce, tampa family attorney | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us