Lawyer of the Week: Divorce Attorney Offers Pet Prenups
New York lawyer James Sexton wants to protect the interests of the most vulnerable parties involved in divorce court: the pets. To that end he’s offering legally binding prenuptial agreements to safeguard the interests of furry and feathered household members on his platform TrustedPetnup.
Sexton, author of If You’re in My Office, It’s Already Too Late, has long promoted prenups between human spouses – “not as a sign of mistrust, but as a tool for transparency, security, and stronger relationships,” according to his more human-centric website, TrustedPrenup.com.
Over time, Sexton has observed an evolution in the way courts view pets. “I've had divorce cases early in my career where the judge ordered that the dog be sold and the proceeds divided between the parties if they couldn't agree on a disposition of the dog because the dog and the toaster oven were, in the eyes of the law, the same thing,” he tells People magazine.
But in recent years a more humane sensibility has taken hold. Dogs, cats, and other companion animals are often considered part of the family by judges. Not quite the status of a human child, but a few steps above the toaster at least.
“I've had trials with very high net worth individuals, tens of millions of dollars on the line,” the lawyer says, “and the only thing they're really interested in is who's getting the dog.”
Sexton maintains that pet custody is something the parties should think about when the spousal relationship is going well, and not leave it to when it all goes south. If the parties can agree on which “parent” would be a better custodian, then seal it with a contract, it can safeguard the pet’s future.
Sexton must have the best interests of animals in mind because there’s no charge for his service if the pets in question were adopted, and even other pet-nups are priced according to a pay-what-you-want model. On top of that, 50 percent of the proceeds go toward animal charities. Sexton is a big supporter of Animal Care Centers of NYC and Strong Paws Rescue.
Photo credit: Alexander Grey / Pexels
