Pre-pup Agreements In The Event Of Divorce

By Amy E. Feldman

PHILADELPHIA (CBS) - You've heard of a pre-nup. How about a pre-pup?

Research conducted by the British insurance company Cooperative Insurance found that one third of couples worry about who would get custody of their pet if they broke up and that one in ten couples has a provision about custody of a pet in a pre-nuptial agreement. (No word on what percentage of British couples wish their insurance company would stop conducting stupid surveys.)

But so called 'pre-pup' agreements are, in fact, a good idea.

While couples are discussing how to divide jointly held property in the event that the marriage fails before they hate each other too much to make rational decisions, deciding on the fate of the pet is wise because the court will not award joint custody. Courts are backlogged with child custody matters and will not get involved in the custody of animals, which the courts see as another asset - like the silverware - to be divided.

If a couple can't decide on the fate of the pet, the court will decide one way or the other but will not grant visitation.

That said, there's no law that says that couples can't come to an agreement on their own if they can either agree that the other ex has love for the dog and a right to see it - or, if they want to continue to share expenses related to the animal - they should decide in advance to insure you get what you want.