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The Rise of the Pet-Nup – Insanity or Common Sense?

Sad dog while owners argue

Unless you’ve been living under a rock, you’ll no doubt be aware that yet another celebrity marriage has fallen victim to the ravages of “irreconcilable differences”, with Oscar-winning A-lister, Nicole Kidman, parting ways from her highlighted-hair hubby of 19 years, Keith Urban. And although we at Dogster aren’t all that interested in dissecting the sordid details of yet another Hollywood divorce, we do want to know how the custody battle will play out. That is, the custody battle over their adorable Miniature Poodle, Julian.

Despite being a lifelong animal lover, Kidman had been “waiting my whole life” for her first puppy, and Julian’s sweet little face has often featured on her social media. While Urban wasn’t entirely convinced about the fluffball when he first arrived on the scene in 2019, it soon became clear that he had fallen victim to Julian’s undeniable allure, even bringing him along as his “plus one” to the American Country Music Awards in 2020.

So, who gets custody of Julian?

We know that separation and divorce can get messy when there are kids involved, but a recent survey by Petkin has suggested that the subject of pets may be just as contentious when it comes to custodial conflict. With around 43% of US marriages ending in divorce1, and approximately 15% of married or engaged couples entering into a prenuptial agreement2, it was only a matter of time before “who gets to keep Fluffy in the divorce” became a question for the law.

A Matter of Security

A recent survey of Gen Z couples found that 35% indicated that they have, or were considering, a “pet-nup” that covered the custody, care, and financial obligations for any shared pets in the case of separation. Additionally, 3 out of 5 Americans say they would pursue legal action against an ex-partner over custody of a pet. Although the matter of custody was high on the list of concerns, the consistent care and well-being of any animals was the top priority for couples. They felt that having a pet-nup helped to reduce the risks of pets being rehomed or sent to a shelter in the event of divorce, as well as alleviating some of the emotional stress and financial uncertainty during such a difficult time.

sad or sick dog on a rug
Image Credit: Mark R Croucher, Shutterstock

In many ways, the areas covered in these so-called pet-nups are similar to those addressed by a child custody agreement, facilitating a smoother transition in the event of a break-up. Issues like who would have primary custody, pet-related expenses, decisions about health, visitation and shared care, and what would happen if neither partner could keep the pet (this last one not being typical of a child custody arrangement!).

Of course, plenty would argue that any form of pre-nuptial agreement is tantamount to planning the end of a relationship before it has begun. But, given the sad statistical reality of romantic partnerships, addressing these difficult and emotional issues when they are merely hypothetical can be a way of reducing stress about any relationship failure. It could also be an opportunity for any red flags to be revealed before you become legally entangled!

With pets becoming an almost – if not equally – important part of our lives and relationships as children, it makes sense to think about what might happen to them if a couple parts ways. Although no one wants to think that their relationship may end, being pragmatic at the outset may save a lot of heartache if you were to fall victim to those irreconcilable differences. We certainly hope that, for Julian’s emotional well-being, Keith and Nicole thought about putting a pet-nup in place.

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Feature Image Credit: DavideAngelini, Shutterstock


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