Divorce Attorney Offers Free Pet Prenups to Couples Who Adopt Rescues (Exclusive)

A New York divorce lawyer is on a mission to ensure that pets aren’t caught in the middle when couples go through messy breakups.

James Sexton, who founded the platform TrustedPrenup.com with CEO Shane Farley, is now offering legally binding pet agreements through the pair’s latest project, TrustedPetnup.

The service will be free for owners of adopted pets. For other animals, the price is “pay what you want,” with proceeds donated to animal charities and shelters.

Sexton, who’s seen the emotional and financial toll of pet custody fights, says he was motivated by his belief that pets should be treated as family, not property.

“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.

“Thankfully, the law evolved tremendously in the last seven to 10 years, very much so in the last three years, where there started to become a trend where courts were talking more about a dog being more than property, a cat being more than property,” he adds. “Companion animals being a part of the family, in a sense.”

He says this shift has prompted further questions about the concept of pet custody.

“Who gets to make big decisions, who gets to make the rules for how this companion animal will be treated?” Sexton adds. “How many hours is it okay to leave this animal alone? When you go away overnight or on vacation, where is it okay to leave the dog or the cat? Do you put them in a boarding center? Do you leave them with family? Do you have someone come into your home? How far out of their routine do you take them?”

Sexton’s animal advocacy is also inspired by his own upbringing and a lifelong love for dogs.

“I’ve always been a pet person,” he says. “I was raised in a house with dogs. My mom was always a big supporter of local animal rescues and shelters. And then I’ve had the blessing in my life of having a number of rescue dogs,” he continues, noting that his current canines are 14 and 15 years old. “And then once I became more successful financially, I’m a big supporter of Animal Care & Control in New York City and Strong Paws Rescue, which is another New York-based animal rescue.”

Sexton says becoming a pet parent means signing on to be a steward for the animal. 

And when it comes to approaching the conversation around a pet prenup, he recommends telling one’s co-parent, “I hope we have a long journey together with this animal, and someday when we lose this animal, we’re there together to comfort each other and navigate that loss. But in the event that this relationship was to end, I know we would both want what’s best for this animal, so what do you think we would owe each other?”

Sexton says the factors considered by courts when it comes to pet custody are similar to those for child custody.

“Who’s been responsible for making major decisions for this animal, this companion animal, in the past?” he says. “Have they made good decisions? Are they in touch with the care providers? How much of a hands-on approach have they had to the care of the animal? Do they have the financial stability and emotional stability to make sure that the animal is cared for?”

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One quality he considers particularly important is “willingness to foster a relationship between the companion animal and the other party.”

“So even though a relationship might be ending, is your love for this pet greater than your dislike of this other person that you can put that aside, that you’re mad at them, and accept the fact that your dog and your cat just know them as another person who loves them,” Sexton says.

He adds, “I’ve had trials with very high net worth individuals, tens of millions of dollars on the line, and the only thing they’re really interested in is who’s getting the dog.”

TrustedPetNup isn’t only available to couples; the service can also be used by roommates who aren’t in a romantic relationship but want to get a pet together.