Social changes, including couples having children later, or not at all, as well as the Covid pandemic, have meant pet ownership has soared in recent years. Pets are widely considered part of the family, and some couples replace having children with getting a dog, cat, or other friendly creature. As such, it might seem that the law should treat pets in the same way, specifically when it comes to couples separating or divorcing. In our recent survey, looking at common misconceptions around divorce 77% of people thought pets should be treated like children, and their wellbeing considered, in divorce.
The myth
A very common belief is that pets are treated like children in divorce i.e. their welfare and the capability of each ‘parent’ in meeting the animal’s needs, is considered by a court if the couple cannot agree.
The reality
In most cases, divorcing couples can come up with an agreement of what happens to the pet when they separate. Some people even come up with a shared care agreement, similar to a parenting plan that can be produced in child arrangements.
However, if the couple reaches a stalemate, and the dispute needs the intervention of the family court, there is no legal obligation for a judge to consider the welfare of the pet when deciding its future. Pets are legally considered ‘chattel’ and therefore any disputes over ownership need to be applied for under financial remedy proceedings, rather than Children Act proceedings.
Pet disputes in court
The primary focus of a court will be on the legal owner of the pet. This is the person who’s name the animal is registered in or who paid for it in the first instance. If the payment was shared, this will be considered. Other relevant factors are who has maintained the pet during the marriage, for example paid vets bills, paid for food, paid for holiday care and otherwise cared for the animal day-to-day.
Whilst this is the legal reality, there is a movement to legally consider the wellbeing of the pet, including how a potential split of care, or house move, would impact the animal. Some recent cases reflect a change in attitude, for example in FI v DO [2024]. In this case, the judge examined where the family dog knew as home, and other points of wellbeing.
Read more about who gets the pet in divorce.
Next steps
Pet arrangements are best decided between you and your ex. You know your pet best and have their best interests at heart. Non-court dispute resolution methods can help if you struggle to agree, for example mediation. There are many options, and you need to find out what works best for you and your pet. This could be a shared care agreement, allowing both of you to spend time with your pet.
Useful Links
Petnups, prenups and postnups: a pragmatic approach to marriage
