Get a pre-pup

Never mind a prenup, couples breaking up in the “divorce month” of January may well need a “petnup” according to lawyers. They say it could avoid a painful – not to mention expensive – pug-of-war over the family pet. So who does get custody of Fido when love breaks down?

After deciding who gets to keep the house and agreeing a parenting plan for the kids, who keeps the dog (or cat) can often be a huge bone of contention.

Several celebrity couples have battled over who the dog stays with. Hollywood stars Robert Pattinson and Kristen Stewart initially agreed to share their dogs Bear and Bernie, but in the end Kristen sought legal advice in 2004.

Cheryl Tweedy won custody of chihuahuas Buster and Coco after her 2010 divorce from footballer Ashley Cole.

But Ant McPartlin and his ex-wife Lisa Armstrong appear to be sharing custody of their chocolate Labrador Hurley.

The pooch apparently spends a week at a time with his “parents” and is chauffeur driven between the two households.

While this may work for Hurley, it could confuse other pets who might need support to adjust to new arrangements.

The Law Society says so many couples end up squabbling over pets that they recommend pet custody issues be addressed in prenuptial agreements “to provide peace of mind”.

A spokesman for Co-op Legal Services said: “This document can cover not only decisions relating to finances and children, but also establish what would happen with the family pets.”

Pets are considered by the court in the same way as property – so who bought the dog, and paid for its food and insurance, would be a key factor. But the relationships between owners and pets over the years are beginning to be recognised by the courts in England and Wales.

So in a dispute, it would be each person’s responsibility to make the case that not only is their attachment to the pet considerable enough for the court to resolve the issue, but also that their lifestyle after the marriage will allow them to care for the pet in question.

Divorce lawyer Vanessa Lloyd Platt, of Lloyd Platt & Co, said: “For some, pets can become like a son or daughter and can provide a source of comfort to them through the divorce.

“In most cases, courts will look into the best interest of the pet, and get an expert to decide the best position to look after it.”