Starting in the 1970s, Americans have been having fewer children each year, with New Jersey counted among the states in the nation contributing to ever-declining birth rates. While we may be having fewer children, pets seem to play an increasingly important role in our lives. From therapy dogs to good old house cats, our pets often feel to us like they are part of the human family. And as one might expect, when the family goes through a separation or divorce, deciding who keeps Rover or Garfield can be a major sticking point, one about which some people are willing to put up a fight.

Are pets property?

Despite our tendency to view pets on a level almost equal to children, when it comes to New Jersey family law, domesticated animals are considered personal property. Legally, a court will treat pets in a similar manner to unique inanimate objects, such as heirlooms, family treasures, and works of art that “induce a strong sentimental attachment.”

Will courts seek what’s best for our pets?

Unlike children, for whom the court seeks to achieve their best interests, courts try to determine the individual who initially purchased or adopted the pet or the person who took financial responsibility for maintenance of the pet during the relationship.

Notwithstanding the general property-based approach that New Jersey courts have taken toward pets, there have been instances in which courts have provided equitable remedies through which exes have been ordered to share pet custody.

‘Pup nups’ remove uncertainty

One way to eliminate pet custody disputes is to come to an agreement at the outset of a marriage, or when the pet is first acquired. This can be done via contracts known as “pup nups,” which lay out precisely the terms of pet custody and visitation should the relationship between humans go sour. In light of the tens of thousands of dollars litigants have spent fighting for pet custody post- breakup, investing in a pup nup is money well spent.

Conclusion

Designing effective relationship-related agreements is an important task that should be entrusted to knowledgeable legal counsel. If you or someone you know is in need of legal assistance, coaching, advocacy, or pre-marital/relationship contract work (including a pup nup), please call or write us.  We will be glad to assist.