The complicated issues involved in the end of a marriage often include child custody, property division and support payments. However, it seems that fewer millennials are buying homes or having children, so these are not necessarily the family law issues that cause conflict during divorce. In fact, arguing over the fate of the family pet is becoming a more common and often fierce battle between Arizona spouses who are ending their marriages.
Attorneys are noticing the uptick in divorces that bog down when the question of who gets the pet arises. Some speculate that because couples in their 20s and 30s are choosing to remain childless, their pets are substitutes for children and therefore of great importance to them. While only a few states have laws considering the welfare of pets during divorce, most courts treat pets as property.
A growing number of couples are signing pet prenups, which are prenuptial agreements concerning the custody and treatment of a pet if the marriage should end in divorce. While this is a relatively new idea, including pets in a prenuptial agreement has always been an option for couples. Making these arrangements can save the animal and its owners the stress of uncertainty and the worry that a judge may order the animal to be sold when its owners can't agree on custody.
In fact, a prenuptial agreement can resolve many of the most common divorce disputes before they arise. It is important that one's prenuptial agreement conform with Arizona family law in its contents and language. This is why it is recommended that each spouse have individual legal counsel before signing a prenup.