What happens to pets in divorce or separation?

Latest statistics show that 60% of households in the UK own at least one pet with 36% of households owning at least one dog and 29% of households owning at least one cat.

It is therefore hardly surprising that what should happen to the family pet(s) is becoming an increasingly common issue for separating and divorcing couples.

When couples divorce or separate there are many issues to resolve such as the arrangements for children and finances however the question of what happens to the family pet(s) can become a significant point of contention.

For many separating couples and their children, they love their pets with them being considered an integral part of the family, so their welfare is an important matter to factor into any separation.

What do divorce laws say about custody of pets?

In England and Wales, there is no specific law regarding ownership of pets following divorce or separation. Pets are classed as ‘chattels’ a legal term that refers to personal items such as contents of the home, cars and jewellery. This can seem harsh to pet owners who see their pets as valued and beloved family members and so much more than mere possessions.

How to decide who keeps the family pet after divorce or separation.

Whilst pets are important to many separating couples, the unfortunate reality is that pursuing an application through court is unlikely to be proportionate as it can be very expensive, stressful and time-consuming. An application to court should always be considered as a last resort. More suitable ways to deal with the future arrangements for the family pet(s) are by mutual agreement, mediation or arbitration.

Factors to consider when trying to reach an agreement include:

• Living Arrangements – will the pet live with one person or could care to be shared with the pet(s) spending time in two households.
• Practicalities – if one person works away or works long hours how will that lend itself to caring for the pet (s), with dogs, who will walk the dog.
• Expenses – how will costs such as food, veterinary care, insurance and grooming be met.
• Decision making – how will major decisions such as medical treatment be resolved?

A good example of an agreed arrangement is the report in 2020 that celebrity, Ant McPartlin and his former wife reached an agreement to share the care of their dog. This involved the dog living with one of them and included provision for the other to take the dog for walks and to have the dog stay for weekends.

It is never too early to consider the arrangements for pets so if considering cohabitation or marriage we would encourage couples to consider what they would want to happen to any pets at the outset and before any potential breakdown of their relationship. If entering into a Cohabitation Agreement or Pre–nuptial Agreement, consider including a provision for any pets.

If acquiring a pet for the first time, think ahead and consider how arrangements might work should the relationship break down.

If reaching an agreement directly proves difficult mediation can be particularly helpful. A mediator being a neutral third party, can help facilitate discussions which can lead to agreement. If these methods are not successful other forms of dispute resolution should also be considered if an agreement cannot be reached.

It is a sensible recommendation to consider entering into a ‘pet-nup’. This is an agreement setting out the arrangements for a pet. A “pet nup” can be entered into at any time both during a relationship and in the event of a divorce or separation.

A ‘pet-nup’, is similar to a pre-nup, and is not automatically legally binding, but holds weight if a dispute arises.

The Courts approach

If all else fails and a court application becomes necessary the court will consider factors such as ownership, who has been responsible for the pet’s care and who is best placed to look after the pet moving forward.

Proof of ownership can be established through registration, veterinary records, microchipping, tags, adoption or purchase records, or a pet agreement.

Who has been the primary carer of the pet might entail an examination as to who walks the dog and who contributes financially towards food costs and veterinary bills. The owners’ financial positions, work commitments and other responsibilities will also be considered.

The court may also consider the welfare of any children and the impact being separated from a pet might have on them.

Case Law & Recent Developments

Whilst pet ownership on separation is becoming an increasingly common issue, until recently there was very limited case law on the topic, though some examples included the following:

1. S -v- S [2008] EWHC 519 (Fam): The wife wished to keep her horses following divorce. She was awarded spousal maintenance to allow her to maintain three horses.
2. IX -v- IY [2018] EWHC 3053 (Fam): The wife and the husband owned two dogs. It was decided by the court that the wife would keep one dog and the husband would keep one. The court also stated that if there was any dispute regarding the arrangements for the dogs, the parties should consider mediation or arbitration.
3. RK -v- RK [2011] EWHC 3910 (Fam): The wife made a claim to keep a painting and one of the family dogs. The judge stated that he would not make an order in the wife’s favour regarding the dogs because, based on evidence, the dogs were primarily cared for by the husband.

A recent decision in the case of FI v DO (2024) highlights changing attitudes towards pets on divorce. This was a financial remedy case between a divorcing couple and whilst the court had to deal with what became of the family home, one of the issues to be addressed was ownership of the family dog. The husband and wife both provided evidence as to why they each felt the dog should be with them.

In the deciding judgment, whilst referencing the law stating that the dog was a chattel the judge concluded that ownership was not just about who paid for the dog. The judge considered the welfare of the dog and likened her task at times to proceedings relating to the arrangements of children. The judge decided that the dog should remain in the care of the wife having found her evidence to be compelling and being satisfied that she would “put the dog’s interests first”.

This case demonstrates a turning point in attitudes towards pets recognising, the importance of pets within the family.

Final thoughts

To conclude, pets can hold a tremendous amount of weight during a divorce/separation, however despite changes in the law’s attitude towards pet ownership and arrangements, there are still limitations on how this is decided. Those looking to protect their pets in case of separation can take the previously mentioned steps and approaches to ensure their furry family member’s best interests are considered in the event such a change.