How are pets treated upon divorce?

Under current UK law, animals are classified as ‘chattels’—essentially personal property. This means that they are treated more like furniture or jewellery rather than as family members. There is no specific legislation addressing pet ownership following divorce.  This can therefore lead to complex and emotional disputes as pet owners often view their animals as family members.

Who gets the pet and factors the court may consider

In divorce cases, the question of who gets to keep the pet can be as emotionally charged as the division of other sentimental assets, if not more so. While the current law in the UK treats pets as property, courts may consider the individual circumstances surrounding the pet’s ownership. The Court’s approach to this will be the same as for any other asset being divided, which is what is fair and reasonable for both parties in the circumstances.

However, as there is no legal provision regarding pet ownership in divorce proceedings, any decisions made by the Court is likely to depend on the unique facts of the case which can include the following:

1. The party responsible for purchasing or adopting the pet: This may include considering the name on the adoption certificate or who purchased the pet.
2. The party registered with the vet or whose contact details are on the pet’s microchip: Who’s name is on the vet system or the microchip database.
3. The party responsible for paying for food, vet bills, insurance and daily care: Generally, couples are likely to both contribute towards the pet’s upkeep however, in some cases one party may pay more towards the pet’s food than the other.
4. The daily care giver: This may include who walks the dog more, who is more involved in their training and/or who generally on a day-to-day basis is the most involved with the pet.
5. Financial contributions: Courts may also look at who has borne the financial responsibility for the pet’s upkeep and who can take on this responsibility going forwards.
6. The pet’s welfare: Although this is not particularly prominent, a recent decision by the court (Fl v Do [2024] EWFC 384 B) considered that the party who “understood about dogs, was compassionate and would always put the dog’s interests first…” should have the dog.
7. Living suitability: This will largely depend on the type of pet or maybe even the size of the pet. If one party is staying in the former matrimonial home with a garden and the other party is moving into a flat, it would likely be more suitable for a dog to stay in the former matrimonial home.
8. Emotional attachment: In some rare instances, the court may take into account the bond between the pet and a particular family member, especially if there are children involved.

What if you can’t agree?

If a couple cannot agree on who should keep the pet or no agreement can be made in respect of any contribution or sharing arrangements, then mediation or negotiation through solicitors may help reach a resolution outside of Court.

However, if all else fails and the matter cannot be settled amicably, the case may go to Court where a judge would ultimately make a decision on your behalf, therefore taking any choice out of the parties’ hands. In such cases, the Court will make the final decision likely based on the aforementioned factors such as who has been the primary care provider for the pet and which living situation is most suitable for the pet’s well-being.

Examples of what a Court may order include:

• Order that one party retains the pet as part of the overall division of the matrimonial assets
• Direct the transfer of ownership of a pet from one party to the other such as the microchip or vet registration
• Record an agreement between the parties about ongoing care or living arrangements to include the pet
• Reflect the value of the pet (if any) in the financial settlement
• Prevent one party from selling, giving away, or removing the pet

Conclusion

Whilst pets are still legally viewed as property, many factors can influence how the Courts handle such cases. As emotions run high over the fate of beloved pets, it is essential for separating couples to consider mediation or other alternative non-court dispute resolution to avoid the strain of Court proceedings. Ultimately, the Court’s goal is to ensure that any decision is fair and considers both the legal rights of the owners and the welfare of the pet itself.

How can Ellis Jones help?

If you require any advice or assistance regarding matters related to your pets in your divorce or separation, please do not hesitate to contact the Ellis Jones Family Team on 01202 525333. We can also provide advice and support on other forms of family law matters.