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Why getting a prenup when you have pets is important

In California, pets are personal property, not like children. Prenups clarify pet custody and care arrangements.

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Photo by Hutomo Abrianto on Unsplash

Whether you’re a cat lover, a devoted dog person, or simply can’t imagine life without your lizard, these days, our pets are considered part of our families. We care for and provide for them – they are our “Fur-Babies” after all!

But, did you know that in California (and many other states across the U.S.), pets are thought of differently than children? In fact, they are classified as the personal property of their owner. Section 2605 of the California Family Code defines a pet animal as “any animal that is community property and kept as a household pet.” Ensuring our pets’ well-being and future after a marriage ends is as crucial as any other aspect of pet ownership, or marital planning.

This is where a solid prenup comes into play! While often thought of as relating solely to financial assets and debts, a prenup also offers a unique and creative opportunity to outline wishes, care, and custody arrangements for pets, so that they are not caught up in conflict should you divorce down the road.

Pets bring unparalleled joy and companionship into our lives. However, unlike most “property”, pets cannot be simply divided. They require our ongoing care and emotional support! A prenup can specify arrangements for pets, including outlining their primary caretaker, how expenses related to their care will be handled, and even shared custody or first-refusal rights. This preemptive measure can help ensure that your beloved pets continue to live in a stable and loving environment, regardless of what happens between their owners.

Moreover, discussing a prenup can help couples tackle difficult conversations early in their relationship, setting a foundation for open and honest communication. It's not about anticipating the end. Rather, a prenup is about thoughtful planning for every eventuality with the best interests of all family members at heart, even those with four legs (or more - we see you, tarantula owners!).

Including pets in your prenup isn't just a legal formality; it's a testament to the important role they play in your life and a commitment to their well-being, come what may. And First can help! Click here to learn more about a prenup with First and the ways that we can help you and your partner ensure you avoid Cat-astrophe down the road.

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