Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm
Call local rate
The financial negotiations of pets and divorce
We know that pets are considered a chattel in the eyes of the law – but what does this mean in practice?
Pets come into financial proceedings because various financial aspects of their care and upkeep will need to be factored into a Schedule of Expenditure, including:
Food
Vets bills
Dog walkers
Holiday arrangements
The Schedule of Expenditure is a document each party creates which explains their needs post-divorce, including housing and income. From this, the financial settlement can be negotiated. Pets are often included in this, so there is an understanding of overall cost and ongoing maintenance.
-
Can I have a shared care agreement for my pet?
On relationship breakdown, many couples can work together to make decisions about the future, whether this is how finances should be split, child arrangements, or who keeps the family pet.
Some couples will come up with a shared care agreement for their pet, very much like the plan for any children. This could document:
- How much time the pet spends with each party
- Swap over practicalities including days, timings, where it should take place
- What to do if one party is on holiday or needs to swap their time
And anything else considered important.
However, at the moment, there is no legal shared care arrangement or order for pets in the same way there is for children. If you and your ex cannot agree, an application will need to be made to the court as part of your financial negotiations.
-
How is pet custody legally decided in England and Wales?
If you and your ex cannot agree on arrangements for your pet after divorce, and you have tried non-court dispute resolution options such as mediation, a court will check who has proof of ownership. The legal owner has no binding obligation to give the non-legal owner access to the pet.
A court will look at:
- Who bought the animal
- Who primarily cared for it
- Who paid the vet bills
- Whose name the pet is registered in
The only exception is if the pet was clearly gifted from one party to the other.
Courts can order a transfer of ownership, and also factor in upkeep costs into the overall financial settlement.
-
What is a petnup?
A petnup, derived from a prenuptial agreement (or prenup), is a document that a couple draws up that specifically deals with issues relating to the pet. It usually specifies ownership, maintenance responsibilities and what should happen to the pet if you separate.
Having a petnup in place can reduce heartache and costly legal proceedings if you separate.
Petnups are not legally binding, but if they are drafted properly by an expert family lawyer and are fair and reasonable, they will hold weight in court in the event of a disagreement.
-
What can a petnup include?
It is up to the couple what their petnup includes, and some may be more detailed than others.
Petnups can include:
- Who the pet will live with
- Who will care for the pet
- Who is responsible for vets bills
- Food and other expenses
- Holiday arrangements
A shared care agreement can be drafted into your petnup should you wish, explaining what your ideal scenario would be should you separate.
-
Is a petnup different to a prenup?
A petnup is different to a prenup as it specifically focuses on the pet, where a prenup is broader and includes all finances and other arrangements.
Many people choose to include a pet clause in their prenup instead of drawing up a separate document.
Still unsure on petnups? Our expert lawyer, Gabrielle Read-Thomas, explains
The welfare of the pet in divorce
Although the law technically states that pets are chattels, there is a different thought process becoming increasingly popular. Many family law professionals, as well as pet owners, feel that pets’ welfare should be considered. In this case, legal ownership could be overridden if it was in the best interests of the pet.
In some family law cases, where couples have disputed the custody of the pet after divorce, judges have assessed the suitability of each party in taking care of the pet. They have looked at how often they are at home, as well as the impact taking the animal away would have on the children of the household.
A recent case example is FI v DO [2024] EWFC 384 (B). In this case, the court was tasked with deciding the ownership of a golden retriever as part of financial remedy proceedings. There were a number of complexities, including who paid for the pet, and an incident where the husband tried to forcibly abduct the dog when it was in the care of the wife’s mother.
In FI v DO, the Judge ruled in favour of the Wife, even though the parties shared the purchase cost. The Judge considered that the dog in question viewed the Wife as her caregiver. Further consideration was given to:
- Where the dog knew her home to be
- The impact on the children of the family of removing the dog from their lives
- The potential future care arrangement for the dog
This judgment highlights a shifting attitude towards the treatment of pets on divorce.
International laws for pets in divorce
In several countries across the world, the welfare of the pet in divorce proceedings is considered under the law. Alaska was the first state in the US to require courts to consider the welfare of the pet in divorce cases. As a result, there have been custody-like arrangements made for pets, similar to those made in child arrangements.
Spain, France and Portugal have given pets the legal status of ‘sentient beings’, which means that their wellbeing is factored into dispute resolution.
Many people believe that England and Wales should follow suit. Although this is yet to happen legally, there is a movement to recognise pets as more than just chattel.
Should pets be treated like children in divorce?
In FI v DO [2024], the case mentioned above, the judge said “At times it seemed to me that I was in the realms of a Children Act application which featured the dog…”
Many people believe that the law in England and Wales should be changed to reflect the true bond that families share with their pets, following the example of some US states and European countries. This could well be reflected in pet disputes being treated like child arrangements, rather than part of financial negotiations.
However, some feel that child arrangements can be complex enough without including pets in the mix. Deciding arrangements for a pet could increase the time and cost of a divorce or children dispute and potentially increase tension and acrimony between couples.
Gabrielle Read-Thomas, family lawyer, based in Stowe’s Altrincham office, believes there should be a change to the existing law:
“There is a growing movement to change the law around how pets are treated in divorce proceedings. Given how important pets are in our family lives, there should be serious consideration given to their welfare, rather than treating them as inanimate objects.”
What do I do if we can’t agree who will have custody of the pet in divorce?
The UK is considered a pet-loving nation, and many of our families include pets of various shapes and sizes. Pet ownership soared during the Covid-19 pandemic, and other social changes have meant that pets have become ever-more central to family life. For example, many younger couples are putting off having children until later, choosing instead to jointly own a pet. However, this does mean that pets have become more central to divorce and separation disputes. According to research by the Direct Line Group, more than 1 in 4 divorces now involves a dispute over the pet.
When a divorcing couple cannot decide on the post-separation ownership or shared care arrangement for their pet, there are a variety of different methods that can be used to resolve the dispute. Mediation may be suitable for some couples and can help to reach an amicable conclusion. In mediation, parties work together with a trained, impartial mediator to resolve the issue.
Find out more about our mediation solicitors.
However, for some, the court may need to get involved. This is usually part of a wider application to the court. What many people do not know is that because pets are legally considered chattels, any dispute will need to be brought under a financial application. If you are struggling to agree on arrangements for your pet, an expert family lawyer can give you the right guidance. Get in contact with our law team today to find out more.
What our clients say
Rebecca Calden-Storr
Oct 2024
Rebecca Calden-Storr and Hannah Stubbs have excellent attention to detail.
—Legal 500
show more
Amy Turner
May 2024
Amy Turner at Stowe and Law solicitors has been working on dealing with my affairs through a divorce. Amy gave advice and support when needed and tells you as she sees it. Amy gave options through out the process at every stage that I could take without pushing me into an option and respects your decisions.
Amy worked tirelessly to achieve the aims that I asked her to deal with efficiently and professionally and wasted no time when receiving emails. Amy judging by the time of emails i received works long hours to achieve her targets. Amy is a pleasure to work with and will follow through on what she says she will do, you can rely on her to get the work done
—Ms R B
show more
Sarah McLoughlin
May 2024
I saw Sarah McLoughlin as part of my 'Next steps Meeting.'
Sarah was an excellent listener giving easy to understand information in a calm manner.
She broke down the next steps in a format that I felt empowered to undertake.
She was knowledgeable and friendly.
I was nervous at the start of the meeting but she was able to put my fears at ease and I finished the meeting feeling relieved and smiling.
—J D
show more
Pooja Patel
Sep 2023
Pooja Patel helped me through cases involving my children and divorce. She is very supportive and was very amazing and got the results needed in very difficult circumstances. I’m thankful l had Pooja at my side and do not know what l would have done without her.
—Mr S N
show more
Sarah Peters
Sep 2023
Sarah was my brother’s divorce solicitor from beginning to end. She also dealt with me as my brother often found it difficult to comprehend all the legal terminology and needed help to source all the paper work that Sarah required. Sarah was so understanding and patient with my brother, always answering my phone calls immediately, even when she was on holiday with her family! She was extremely professional and highly committed throughout the difficult months of court hearings, constantly reassuring us when we could not see the light at the end of the tunnel. I would highly recommend her.
—Ms M T
show more
Jake Mitchell
Maria Coster
Michelle Richardson
Sep 2023
The team you manage have been fantastic with my cases. I moved solicitors and I was very nervous at whether I had done the right thing as it was a big decision. But after meeting Jake and how he listened to me and his no nonsenses attitude which I needed, I felt a lot more at ease. And his quick turnaround to take my cases on to putting a CAO in place last Friday that Ella sorted out for me and kept me in the loop all the way until it was filled with the court. And today Michelle for jumping straight on things while Jake was on leave and getting Ella to deal with the issue where I found my wife was trying to sell sentimental items on Facebook marketplace. Ella quickly responded and dealt with the situation in my opinion perfectly, and the items have been taken down by her now, again she kept me in the loop every step of the way which I really need at the minute. You have an amazing team and I feel very well looked after and I now believe I will get what I and my girls need through all this I know it will take some time, but I have faith in your team you have and trust them.
—Anon
show more
Nicole Turner
Aug 2023
Working with Nicole Turner, I feel like a weight has been lifted off me. I feel I can speak honestly and openly with her about proposals and negotiating in a somewhat lengthy divorce process. She cuts through the bluster from the other side and informs and guides in a down to earth and clear way,
I'm not out of the woods yet but I know I'm in good hands. I appreciate Nicole's determination to avoid court as this is an unnecessary cost to all concerned.
—Ms J B
show more
Charlotte Newman
Nov 2022
A divorce is one of the most stressful life experiences any individual can go through, most legal cases require a typical robotic solicitor that will undoubtedly do their very best to assist your legal case. However, I found a divorce to be a little too close to home, where I required a very well-trained solicitor that has a profound knowledge of the family law arena but at the same time offer a sympathetic, understanding and kind approach but with the upmost professionalism. Charlotte delivered on all of my requirements. Charlotte is extremely proactive and direct but also has the ability to be reserved when required which is a skill that lends itself to her natural strategic mindset. At every juncture she was never phased and had a wealth of knowledge and experience to give the best advice and solutions for every situation. I would like to say Charlotte won the case, but unfortunately in family law there is no winners and losers, but I can safety say I had an outcome that far exceeded my expectations. Thank you Charlotte.
—Anon
show more
Close
Newsletter Sign Up
Sign up for advice on divorce and relationships from our lawyers, divorce coaches and relationship experts.
Privacy Policy