What happens to pets in a divorce or separation?
As pet owners ourselves, our family team understands that pets become an integral part of the family, and are often of particular importance to children, when already faced with new family dynamics following their parents’ relationship breakdown. It is therefore surprising that, legally speaking, pets are considered to be “chattels” (personal property) in the eyes of the law. Unless gifted, ownership is usually determined by factors such as:-
- Who purchased the pet?
- Who normally cares for the pet?
- Who is registered as the owner with the vet and insurance?
- Whose details are on the microchip?
It was positive to see a reported case (FI -v- Do [2024] EWFC 384 B) where the Family Court has considered a pet’s best interests (in this case a dog), as well as the impact on the family, after hearing evidence (almost akin to a Children Act application!). Here, the parties could not agree on who the dog will live with, and the husband had even abducted the dog, but she had ran home to the wife. The Court decided that the jointly purchased family dog should continue to live with the wife and children, where she had been living for the last 18 months since the parties’ separation, the judge citing that who purchased the dog “…in my view is not as important as who the dog sees as her carer.” (para 71). He continued…“The wife’s evidence as I have set out was compelling, but more importantly, in my view, showed someone who understood about dogs, was compassionate and would always put the dog’s interests first. The dog’s home is with the wife, and she should stay there. It would be upsetting for both the dog and the children were those arrangements to alter”…“It was clear when the dog ran back to the family home after he had been taken by the husband that the dog considered that to be a safe place and where he belonged”. You can see the full link to the reported case below:- https://www.bailii.org/ew/cases/EWFC/OJ/2024/384.html
Alongside the above, there is campaign for more change in this area of law. A new petition calling upon the government to change “outdated laws” which treat pets as property has recently been launched, and it will be interesting to see where this leads.
Either way, to hopefully avoid any dispute arising, it is possible to have a “pet-nup” drawn up (either as a stand-alone document or as part of a pre or post nuptial agreement) setting out who your pet(s) will live with and spend time with, in the event of a separation or divorce, and other details such as payment of future vet bills, food and insurance. Whilst, like a pre-nuptial agreement, such a document is not currently legally binding and enforceable in England and Wales, if it is broadly fair and in the best interests of the pet(s), then it is likely to be upheld by the Court if certain criteria are met.
Please do contact our Family Department if we can assist in relation to a “pet nup”, pre or post-nuptial agreement or for more tailored advice on the custody of pets following a separation or divorce – 01730 268211.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.