What Is A Pet PreNup and Should You Get One

Most people have heard of a prenuptial agreement, more commonly known as a “prenup.”  Now, some soon-to-be married couples are entering into what is being called a “petnup”, which is a prenuptial agreement involving pets.

A petnup will determine what happens with a pet if a couple divorces or separates. Similar to a prenup, a petnup is a written agreement that a couple will sign before they get married (although, like a post-nuptial agreement, an agreement could also be signed after marriage).

A petnup is recommended because it allows a couple to determine the fate of their dog, cat or other pet prior to a potential divorce, when emotions are high. A petnup will also allow a couple to avoid having a Judge make a decision about their loved pet. A petnup will also save a couple litigation fees.

David Badanes, Esq. and the Badanes Law Office, P.C. has years of experience in drafting prenups and is now helping soon-to-be-married couples in drafting petnups. If you are getting married and are concerned about who will get your pet, David Badanes can help you with a petnup. The Badanes Law Office has offices in Northport, Suffolk County and in Uniondale, Nassau County. Call (631) 239-1702 to schedule your FREE consultation.

Some Recent Court Decisions Regarding Pets and Divorce

David P. Badanes, Esq.


The modern trend in divorce cases is to treat dogs and other pets as more than just property.  One court states that “pets should be recognized as a special category of property and that each party has a special attachment to the particular pet or dog.  If both spouses want possession of the pet, the Court will have to render a fair determination as to which party through his or her conduct has the most genuine right of possession.  This may include a review of how the pet/dog was acquired, who takes care of the pet, what actual arrangements will be made to spend time with the pet and if either party has another pet.

Courts also recognize that pets can be protected in orders of protection.

For additional information of how pets are treated in divorce, please read my earlier article/blog “Pets and Divorce”.

David Badanes and the Badanes Law Office can help you in your divorce if you own a dog or other pet.   If you need an attorney to represent you in your divorce, call David Badanes and the Badanes Law Office today at 631-239-1702, email me at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office represents clients in Suffolk County, Nassau County and in New York City.

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