Paws for thought
According to the PDSA Animal Wellbeing report 2024, 51% of UK adults own a pet. This equates to around 10.6 million pet dogs and 10.8 million pet cats.
Is it therefore any wonder that there is an increase in pets being caught up in the dispute at separation. Gemma Whitchurch, a Partner in our Family team, explores the options available to pet parents facing separation, as well as considerations for couples intending to share a pet.
Pets a chattel
Upon divorce a pet is considered a ‘chattel’ just like your sofa, television or set of pans. Therefore, agreement should be reached as to who keeps the pet.
If agreement cannot be reached then what happens to Cuthbert the cat or Dolly the dog, or even Lily the lizard?
Separate applications cannot be made for ‘custody’ of the pet in the way applications can be made for the arrangements of the children of the family. This is extremely hard emotionally as in most cases the pet is part of the family and has their own personality and role within the family dynamics.
The court will apply the same methodology as with other items in the home. Questions will be asked as to who purchased the pet, was the pet a gift, who has looked after the pet, who has paid the vet bills and food etc and in whose name (if appropriate) the pet is registered in.
The party stating that the pet is theirs will need to prove their case on the balance of probabilities. In the aptly named case of FI v DO [2024] EWFC 384 (B) the judge had to determine who should have ownership of the dog. The judge concluded the fact who purchased the dog was not as important as who the dog sees as their carer. The Judge said, ‘this is not who had previously looked after the dog, but who does now’.
The court is generally reluctant to spend time on adjudicating on ownership of pets and expect parties to reach agreement. Not only are proceedings lengthy but the costs can be high. The welfare of the pet should be at the forefront of the parties mind.
Consider a ‘pet nup’
To avoid difficulties, where purchasing a pet, couples should be encouraged to think about a ‘pet nup’. This will record who is the owner, who will maintain the pet and what happens to the pet on separation.
Whilst a pet-nup is not enforceable it is a helpful tool if relationships do subsequently break down.
Get in touch
We can advise on all aspects of separation from children to finances and even in respect of that beloved family pet. Speak to a member of our team today by calling us on 0121 746 3300 or completing the enquiry form here.
