Collaborating with estate planning and family law professionals to protect furry family members through prenups and estate plans.
The Quiet Member of the Family with Everything to Lose
They don’t speak up in consultations.
They’re not listed on the title.
They don’t have a trust, a lawyer, or an advocate.
But they do have deep emotional ties, daily routines, and often, a central role in family life.
We’re talking, of course, about pets—the beloved dogs, cats, birds, rabbits, and horses who are cherished members of today’s families. As more households consider pets as part of their emotional and even financial ecosystem, legal professionals are being called upon to answer a new question:
How do we protect the best interests of our clients—and their pets—in prenuptial agreements, estate plans, and divorce settlements?
The answer is collaboration.
At Peaceful Divorce Business and through the Divorce With Dignity Network, we work at the intersection of emotional awareness and legal planning. Together with estate planning attorneys and family law professionals, we help modern families find clarity, comfort, and creative agreements that honor all members of the household—including the four-legged ones.
Pets Are Family—But the Law Still Sees Them as Property
In most states, pets are still treated as personal property under the law. This means that in a divorce or separation:
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There’s no legal requirement to consider the pet’s emotional attachment or best interests.
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Courts may default to who purchased the pet or who can prove ownership.
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Shared custody, visitation, or expense-sharing for pets is typically not ordered unless both parties agree.
And in estate planning?
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Without specific pet provisions, pets may become unaccounted-for “assets,” unintentionally left to overwhelmed relatives or even surrendered to shelters.
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Pet trusts exist, but they’re rarely discussed unless initiated by the client.
In other words, while clients increasingly think of their pets as children, best friends, and therapeutic companions—the law often falls short.
That’s where thoughtful professionals can change the game.
The Role of the Mediator: Crafting Collaborative Solutions
As mediators, we specialize in non-adversarial solutions that go beyond black-and-white definitions of ownership. When clients come to us with concerns about their pets, we’re able to help them explore:
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Pet parenting plans for shared visitation
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Expense-sharing agreements for food, grooming, vet bills
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Decision-making protocols for healthcare and end-of-life care
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Custody transfers based on lifestyle changes or the pet’s best interests
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Post-divorce flexibility that allows families to evolve, not divide
These arrangements often mirror what attorneys and estate planners are trying to achieve: stability, continuity, and clarity for the people (and pets) that matter most.
When we collaborate, clients benefit from an ecosystem of support—not silos of disconnected advice.
Integrating Pet Provisions into Prenups & Estate Plans
Whether you’re drafting a prenup, a postnup, or an estate plan, here are some ways to help your clients plan for their pets with foresight and compassion:
In Prenuptial/Postnuptial Agreements:
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Clearly outline who will retain the pet in case of divorce or separation.
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Define any shared time or visitation expectations.
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Include financial arrangements for ongoing pet care.
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Consider adding language about future pets, particularly for couples who anticipate co-adopting more animals.
In Estate Plans:
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Name a primary and secondary caretaker for each pet.
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Create a pet trust to allocate funds for veterinary care, food, and quality of life.
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Include instructions for rehoming or placement if both caretakers are unavailable.
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Add a statement of intent acknowledging the pet’s emotional significance, which can guide courts and heirs.
Why Professionals Should Work Together on This
Here’s what clients get when estate planners, attorneys, and mediators collaborate:
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A unified approach to emotionally sensitive issues
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Legal documentation that aligns with real-life dynamics
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A team that respects both legal and emotional priorities
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Confidence that all their family members—including pets—are considered
And here’s what you, the professional, get:
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Increased client satisfaction and referrals
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Strategic partnerships that extend your services
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A reputation for modern, holistic planning
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Growth in an area of law and life that’s only becoming more relevant
As one mediator recently put it:
“When a couple leaves with peace of mind about their dog, I know we’ve done more than just resolve conflict—we’ve preserved connection.”
Real-Life Scenarios That Call for Cross-Disciplinary Support
Still wondering when to loop in a mediator or ask about pets? Here are a few examples:
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A client going through a second marriage with pets from both households
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Clients who co-adopted a rescue animal and are now separating amicably
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An estate plan where the heir has no interest or capacity to care for the deceased’s pet
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A high-net-worth client creating a prenup involving rare or expensive animals
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Clients with young children who share deep emotional bonds with the family pet
In all these situations, a compassionate, collaborative approach ensures that no one—especially the voiceless—is overlooked.
Let’s Create a More Humane Future, Together
We believe that the future of family law and estate planning includes pets—not as property, but as beloved beings who deserve continuity, safety, and care.
Whether you’re a family law attorney, estate planner, financial advisor, or therapist, you don’t have to carry the emotional weight of these conversations alone. Mediation professionals trained in peaceful divorce can help navigate the personal side of legal decisions with calm, clarity, and respect.
Let’s support families with agreements that reflect the whole picture—paws and all.
Want to connect about a current client scenario or build a referral relationship?
Reach out to us at PeacefulDivorceBusiness.com to explore collaboration opportunities in your area.
Let’s protect what matters most—together.
