If I Divorce You - Who Get's the Dog?
The 2024 PDSA Animal Wellbeing (PAW) report has identified that 51% of adults in the UK own a pet. Though they become members of the family, pets are not cheap to buy or own. Indeed, there is even a cost to adopt an animal in need.
So, what happens to the pets when a relationship breaks down? Who gets ‘custody’ of them?
I am a pet owner myself, so I understand the emotional attachments that pets and their owners form with one another. This was recognised by the Conservative Government by the passing of the Animal Welfare (Sentience) Act 2022, recognising animals as sentient beings, that have thoughts, feelings and emotions.
However, the Family Courts do not approach pets in the same way. Despite the obvious emotional attachments, they are treated as possessions during a break-up or divorce.
In practice, however, deciding who keeps a family pet and how much (if any) time the other person spends with the pet is a matter for the parties. The court can make orders for the division of the parties’ possessions, though they are strongly encouraged to agree the division between them. If the Court is asked to rule as to the issue of ownership of a pet, they will look at several factors including but not limited to:
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Who purchased the pets?
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Were they a gift?
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Who met the pet’s expenses?
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This approach could disadvantage the person who has primarily cared for the pets, particularly if they haven’t contributed to them financially.
To avoid uncertainty, the parties to a marriage should consider entering into a pre-nuptial or post-nuptial agreement, in which they could provide for the arrangements for the family pets if the relationship were to come to an end.
Failing this, and if a dispute does arise, the parties would be sensible to engage with some form of Non-Court Dispute Resolution (such as mediation) to resolve the issue in a pragmatic and cost-effective manner.
Our team of dedicated family law solicitors are experts in the preparation of nuptial agreements, and will always work to resolve disputes without the need for court proceedings wherever possible. If you need help preparing a nuptial agreement, or negotiating who keeps the pets and other assets, then please do contact our team here.
Matt Harcourt-Poole, Associate Solicitor, Family Team
Lawson West Solicitors, Leicester
