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Can pets be addressed in prenups?

| Oct 31, 2018 | Prenuptial Agreements |

Prenups are not just for addressing money matters. They can also have terms regarding something that is very important to many couples: Family pets.

Why might couples want to consider having pet-related terms in a prenup? Well, pets are something that can trigger a lot of strong emotions in individuals. So, pets can have the potential to be a significant battle point for a couple if they were to one day get divorced. In a prenup, a couple could lay out terms setting out what specifically will happen with a family pet if a divorce were to happen.

This could help keep a future divorce, should it occur, free of stressful and draining legal fights related to a family pet. It also could help give a couple the peace of mind of knowing what exactly would happen with a cherished family pet if the marriage were to one day break down.

While pet-related prenup terms generally are enforceable, there are things that could lead to such terms not being enforced or not having their intended effects. One is if errors are made in the drafting of the terms. Another is if a prenup as a whole is deemed invalid due to things such as it not being voluntary or it not being formed properly.

Thus, when couples are using prenups to address pet issues and other matters that are important to them, it can be critical for them to ensure the agreement is drafted and formed properly. Family law attorneys can help individuals with forming prenuptial agreements well-tailored to their goals.