Who keeps the dog? Why “pet-nups” are on the rise
<p><span style="font-weight: 400;">With more than </span><a href="https://piaa.net.au/australian-pet-ownership-statistics/"><span style="font-weight: 400;">62 per cent of Aussie households owning pets</span></a><span style="font-weight: 400;">, lawyers have said that it’s becoming increasingly common for couples to sign pet prenups or “pet-nups” to avoid fights over who gets to keep their shared animal if the couple break up.</span></p>
<p><span style="font-weight: 400;">"We see this daily </span><span style="font-weight: 400;">– </span><span style="font-weight: 400;">and I'm not exaggerating," Nicholas Stewart, partner at Dowson Turco Lawyers told </span><a href="https://10daily.com.au/lifestyle/life/a190418vei/aussie-couples-are-signing-petnups-to-avoid-fights-over-who-gets-to-keep-fur-babies-20190419"><span style="font-weight: 400;">10 daily</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">"Pets play a significant role in our lives and when a relationship breaks down all hell can break loose. I've seen really protracted and expensive legal fights over pets wherein both parties claim a special connection with the animal," he added.</span></p>
<p><span style="font-weight: 400;">In Australia, a prenuptial agreement is technically called a Binding Financial Agreement (BFA) according to the Family Law Act. </span></p>
<p><span style="font-weight: 400;">It is a legally binding financial agreement between two people who intend to marry or live together in a de facto relationship.</span></p>
<p><span style="font-weight: 400;">As much as people love their pets, they’re still considered as property under Australian pet laws and in a BFA are included with things such as clothing and furniture.</span></p>
<p><span style="font-weight: 400;">In NSW, a pet can only have one registered owner and according to Stewart, those are the ones who are likely to be awarded “primary rights” to the animal, whether they want them or not.</span></p>
<p><span style="font-weight: 400;">However, amending the law to give pets equal standing to children isn’t the answer.</span></p>
<p><span style="font-weight: 400;">"That would clog up the courts and be an expensive cost to society," Stewart said.</span></p>
<p><span style="font-weight: 400;">People are looking to get BFA’s to ensure their pet goes to the right person, despite the cost. A BFA costs $5,000 to $10,000, but fighting out pet custody in court will cost more.</span></p>
<p><span style="font-weight: 400;">"I have seen people go to great monetary lengths to keep their pets," Stewart said.</span></p>
