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What happens to pets during divorce?

For many Texas families, a pet is just as loved and cared for as a child. When a couple decides to move forward with divorce, they will have to address things like dividing marital property, child custody schedules and what will happen to the family pet. In some situations, pet custody is one of the most complicated and acrimonious issues of the divorce process.

A prenuptial agreement can take much of the complication out of a divorce and eliminate the need to go to court over issues related to property division. Some couples are taking the process of drafting a traditional prenuptial agreement and going step further, including provisions that address what will happen to the pet. There is also a growing trend of a "petnup" which is premarital agreement that solely addresses issues related to the pet.

The trend of making an agreement solely for the pets is popular in places like the United Kingdom, but in the United States, it is quite common to address pet custody in a prenuptial agreement. While pets are often beloved family members, the law considers them to be property property. Deciding before marriage about how pet custody will work in case of a divorce could eliminate a stressful court battle in the future.

Addressing important property-related issues in a prenuptial agreement can be a smart step for Texas couples before they walk down the aisle. These types of agreements can give both parties peace of mind regarding their financial future in case of a divorce. Whether it's pet custody or division of marital property, it is possible to craft these agreements to suit the needs of the individual person or couple. 

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Vela & Del Fierro, PLLC, Attorneys at Law
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San Antonio, Texas 78204

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