Paws for Thought: Pet-Nups

In the busy city of Hong Kong, where pet ownership is on the rise and pets are increasingly considered cherished family members, the concept of including pets in pre-nuptial agreements or eve free standing pet nuptial agreements (“Pet- Nup”) is gaining traction as a vital tool for safeguarding the well-being of beloved companions in the event of a marital dissolution. As couples opt to welcome pets into their homes instead of or alongside children, the need to address pet custody issues in a proactive manner is very sensible. 

Legal Landscape in Hong Kong 

Countries such as Portugal, Germany, France, portions of the USA, Spain, and most recently the province of British Columbia in Canada, have legislation that recognises pets as living and sentient beings and not just chattels for the purpose of welfare and ownership issues. Some jurisdictions, such as British Columbia and Israel have even considered the welfare of the animal within a divorce context and disregarded ownership as the defining feature of with whom the pet should live after divorce.  

However, despite the evolving attitudes towards pets overseas, Hong Kong’s legal framework still views family pets as chattels, i.e. property which is owned, and which is to be split as a matrimonial asset. There are no specific laws or regulations governing pet custody or access upon divorce in Hong Kong. Rather, the courts will consider elements such as the registered owner or the purchaser when deciding on which party the family pet(s) should go to.  

Including pets in nuptial agreements or creating free standing agreements will serve as a valuable exercise to set out expectations for pet ownership and to establish clear guidelines regarding the custody, care, and financial responsibilities associated with their pets, should the relationship come to an end. 

Pet-Nups in Practice: 

Pet-Nups outline detailed arrangements for pet custody, care, and financial obligations in the event of a divorce. These agreements can cover various aspects, including: 

1. Custody and Living Arrangements: Designating primary and secondary caregivers for the pet, outlining visitation schedules, and determining where the pet will reside. 

2. Financial Responsibilities: Clarifying who will be responsible for veterinary care, grooming, food, and other expenses related to the pet’s well-being. 

3. Access: Establishing access rights for the non-custodial party to spend time with the pet and outlining procedures for communication regarding the pet’s welfare. 

4. Dispute Resolution: Including mechanisms for resolving disagreements or changes in circumstances that may affect the pet’s custody arrangements. 

By proactively creating a Pet-Nup, couples can ensure that their pets are well-cared for and that potential conflicts over pet custody are minimised in the event of a divorce.  

As the legal landscape continues to evolve and society’s perception of pets as family members grows, Pet-Nups offer a practical and compassionate approach to addressing pet custody issues in divorce cases. Although Hong Kong has yet to develop its law to the same level as say New York or France, having a well written “Pet-Nup” can address various concerns such as custody arrangements, access schedules and the allocation of costs. While pets are still currently regarded as chattels under Hong Kong law, creating a personalised Pet-Nup offers the advantage of detailed customisation, aiding in averting ambiguity in case of a separation. 

Joanne Brown and Kathy Siu

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Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication. This article was last updated on 28 August 2024.