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PET AGREEMENT

THIS PET AGREEMENT (the "Agreement"), dated this 10th day of December, 2018.

BETWEEN:

__________
of __________, __________ County, The Commonwealth of Virginia
("__________")


OF THE FIRST PART

-and-

__________
of __________, __________ County, The Commonwealth of Virginia
("__________")

OF THE SECOND PART

BACKGROUND:

IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

__________ and __________ (collectively the "Parties" and individually the "Party") desire to live separate and apart from one another. __________ and __________ wish to divide up their shared property interest in the following animals:

Name

Breed

Description

____________________

____________________

________________________________

  1. DISTRIBUTION OF ANIMALS

  2. __________ transfers all her property interest in ____________________ to __________. __________ owns all interest in ____________________ free and clear of any claims of __________.
  3. VISITATION

  4. The Parties agree that there will be no visitation schedule in place for ____________________
  5. NECESSITIES OF LIFE

  6. Each Party will provide their animal(s) with the appropriate necessities of life when the animal(s) is/are with the Party.  The necessities of life include food, water, shelter and bathroom facilities (if necessary).  Each Party will also ensure that the animal(s) will receive adequate exercise while in that Party’s care.  Each Party will be responsible for bearing the costs of the necessities of life when the animal(s) is/are staying with the Party.
  7. ABANDONMENT/RELINQUISHMENT

  8. Should either Party have to give up any or all of the animal(s) for any reason, the other party will gain sole possession of the animal(s), free and clear of any claims of the relinquishing party.  A new visitation schedule may be negotiated between the Parties should such a transfer of ownership occur.
  9. In the event that neither party is able to continue to care for the animal(s), then both Parties agree that they will take necessary steps in attempting to find another individual to take any or all of the animals.  In the event that no such individual can be found, the Parties may then allow the animal(s) to be placed into the care of a humane society in their area.
  10. PET INSURANCE

  11. Should either Party decide to get pet insurance for an animal that is in his/her primary care, that Party will be responsible for the costs associated with the pet insurance and will also be the named beneficiary under the insurance.  In the event that the Parties wish to share the costs of the pet insurance, then each Party will be entitled to their proportionate share as beneficiaries under the insurance policy.
  12. DEATH

  13. In the event that a pet needs to be euthanized after a veterinarian has determined that euthanizing the animal is the most human course of action, the individual with primary care of the animal will have the final decision making ability in this regard.  The individual with primary care of an animal that is about to be euthanized will notify the other party within enough time so that that party can attend at the veterinarian’s office if he/she so desires.
  14. PET IDENTIFICATION

  15. The Parties agree that the animal(s) will be licensed, if required.  The Party with the primary care of a pet will pay any applicable licensing fees, including renewal fees.  Additionally, the individual who has primary care over a pet will be registered on file as the owner or guardian of the animal(s) with the appropriate registry authorities.
  16. The Parties agree that in the event that the animal(s) are, or will be, micro-chipped, the microchip company will be supplied with all the pertinent information it requires of the individual who is the primary care giver of the animal. The microchip company will also be provided, if required, with the other party’s information in the event that the primary care giver of the animal(s) cannot be contacted.
  17. ____________________
  18. GENERAL PROVISIONS

  19. __________ and __________ will promptly sign and give to the other  all documents necessary to give effect to the terms of this Agreement.
  20. This Agreement contains the entire agreement between  __________ and __________ about the ownership of their animals.
  21. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  22. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  23. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  24. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  25. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
  26. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  27. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  28. If __________ and __________ reconcile, the terms of this Agreement will remain in effect unless the Parties revoke it in writing.
  29. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  30. The laws of The Commonwealth of Virginia will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

IN WITNESS WHEREOF the parties have duly affixed their signatures on this 10th day of December, 2018.

SIGNED by __________
In the presence of:


________________________
WITNESS

 

________________________
__________

________________________
Name

 

SIGNED by __________
In the presence of:


________________________
WITNESS

 

________________________
__________

________________________
Name

 

Pet Agreement Information

What is a Pet Agreement?

A Pet Agreement, also known as a Pet Custody Agreement, is a contract that outlines the care of a pet or pets that initially lived with two owners (generally a couple or roommates) and is now living with one owner permanently, or both owners separately through a visitation schedule.

This agreement can be used to establish custody and care for any type of household pet, such as a dog, cat, snake, lizard, or a larger animal like a horse.

When would you use a Pet Agreement?

A Pet Agreement is ideal in situations where a couple is in the process of separating, or roommates are moving on, and the parties want to determine how their pet(s) will be cared for. "Parties" in this document refers to the pet owners.

As an example, a married couple decided to divorce. Using a Pet Agreement, the now ex-spouses can negotiate a visitation schedule (if applicable) and determine who will be responsible for any costs related to the care of the pet(s).

Another scenario is if roommates decide to adopt a dog together, but later on one of the roommates moves to a new property that does not allow pets. A Pet Agreement allows the former roommates to formally agree that the party who remains at the property that allows pets will have custody of the dog.

What does a Pet Agreement include?

In general, a Pet Agreement should include the names and addresses of both parties (including the city and state), information about the pet (such as whether it is a cat or dog, and the breed), and any additional terms that you would like to include, such as a visitation schedule or who is responsible for any care costs.

As an example, one party might agree to be completely responsible for all costs involving the pet, including things like vet bills and food, even during times when the pet is visiting and staying with the other person indicated in the agreement.

How do you negotiate a Pet Agreement?

When negotiating a Pet Agreement, it's important to consider each party's living and financial situation before making decisions relating to the pet's well-being. Here are some suggestions both parties can consider when negotiating:

The safety and welfare of the pet. Especially after separation or divorce, living situations for one or both parties can differ from what they were before. Consider the current living situation for yourself and your former partner or roommate, and determine whether the safety and welfare of the pet would be affected if they lived with or visited one party or the other.

As an example, if the pet is a large dog and one party moves to a small apartment, the space may not be conducive to keeping a large animal, so perhaps visitation would have to be limited to both parties meeting at a dog park.

Physical and emotional health. Generally speaking, animals can form a stronger bond to one owner over the other. In other words, if one owner cared for the pet more frequently, they may have a stronger emotional bond with that animal. In this case, the pet may be better off living with the owner that it has spent more time with.

If negotiating the terms of the Pet Agreement proves to be difficult, it is recommended that you consult a mediator or other professional to help you through the process.

Related Documents:

  • Separation Agreement: A Separation Agreement is a contract that is used by married spouses to determine terms and conditions for living apart.
  • Prenuptial Agreement: A Prenuptial Agreement allows a couple to sort out their current financial and property affairs prior to getting married.
  • Cohabitation Agreement: A Cohabitation Agreement is a contract that specifies ownership of assets between an intimate couple who want to live together, but remain unmarried.
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