Do You Need A Pet Prenup (And What Is It)?

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While preparing to adopt a cat, or adopt a dog, you'll suddenly find yourself doing an endless list of important tasks, everything from choosing the right breed for your family to finding a veterinarian in your area. If you're married or in a civil union, there's one more item you should add to your to-do list: drafting a pet prenup.

Each year in the United States and Canada, more than 700,000 divorces take place, and over 70% of households include at least one pet. What happens to those animals when the relationships end? Emotional legal battles can ensue. Celebrities sometimes get tangled up in these types of fights, too, while the horrified public looks on. Who can forget exes Johnny Depp and Amber Heard fighting over their two dogs, or Britney Spears' dog custody battle with ex-husband Sam Asghari?

We turned to pet custody mediator Karis Nafte of Who Keeps the Dog? and author of "Who Keeps the Dog? Navigating Pet Custody During Divorce," for insights. In this exclusive interview with Cuteness, Nafte shares advice for minimizing conflict over pets during the stressful post-breakup days. "A petnup is a contract that owners sign when getting a dog or cat, stating what will happen in the event their relationship ends," Nafte explains. "Specifically, who will keep the pet and what the long-term financial plan will be." A petnup is similar to a traditional prenuptial agreement, which spells out how assets such as houses, savings, and pensions will be divided after a divorce.

Having a pet prenup in place before adding a new dog, cat, rabbit, or bird to a household can help minimize stress and grief — not to mention hefty legal fees — if a couple splits up. The petnup should spell out details such as who gets custody of the pet after a divorce; whether the non-custodial spouse will have visitation rights; who pays for expenses such as food, grooming, and veterinary care; and who makes decisions about medical and dental care.

"The fights that can happen over pets in divorce are huge and can be avoided if both people are able to have an honest, practical plan when their relationship is in a good place," Karis Nafte says. But merely discussing a plan isn't adequate when it comes to preventing legal battles later on. The key is to have a written agreement in place that documents all the decisions a couple has made. "Verbal agreements, even when they come from a good-hearted place, are not enough," Nafte observes, speaking from her many years of experience helping clients reach custody solutions that focus on their pets' well-being. "Fights over pets can break out in even the most peaceful of divorces."

After a couple makes the heartbreaking decision to divorce, one of the first things to discuss should be custody of the pet. Karis Nafte says, "If you can get that issue out of the way, and come to an agreement about who is keeping the dog, it will be helpful to have a decision should the divorce become contentious." Delaying the difficult conversation won't make it any easier. "As hard as the conversation is, the sooner you have it, the better."

Nafte recommends that the divorcing couple try to set aside their personal feelings and come up with a custody arrangement that truly benefits their pet. "Be prepared to compromise so you can prioritize your pet's emotional and physical health," she advises. Speaking about dogs specifically, she says, "A long-term sharing agreement is not ideal for most dogs. It can cause them stress, anxiety, and health problems to live their life moving between two homes. Visitations with an ex are easier on a dog than a shared/split custody situation." She adds, "As hard as it can be to say goodbye to your beloved dog, that is sometimes unavoidable after a divorce."