Divorce and Pets

Pet ownership (particularly dogs) has increased in recent years. It is often the next natural step in a relationship once you have moved in together to buy a pet. That pet then becomes part of the family. In the event of a separation, it is not unusual for both parties to want the pet to live with them when they move out. Deciding who should keep the pet can cause friction, particularly when there are also other arrangements to be made in relation to property and/or children.

Not many people are aware that legally pets are "chattels" (personal items such as furniture, jewellery, artwork) and therefore legal ownership is often addressed in the same way as division of other jointly owned items. Clearly, deciding who should keep a pet is a much more emotive subject and there will be arguments on both sides which will be equally valid. If you therefore asked a Judge to decide in a divorce who should keep the pets, it will be a very difficult decision for them to make. Technically whoever paid for the animal and is the registered keeper will keep it. The only exception would be if there was evidence the pet had been gifted to the other party.  The court has the power to transfer ownership as part of the divorce settlement and can consider costs such as vet bills, food and medication as part of your overall claims for maintenance. Ideally it is better to attempt to agree this issue rather than asking for a Judge to decide in a divorce settlement.

There are many options available to you to try and agree this issue. In the first instance, if you can, try discussing the issue with your ex. You could consider having a rota so that the pet stays with each of you for defined periods of time. You should however consider the practical implications and the impact this will have on your pet and the fact that you will have to maintain a degree of contact with your ex. You also need to think about who will pay for vet bills and food and any other items relating to the care of your pet. If you are struggling to agree, you could attend mediation together, so you have an independent professional mediator guiding you through your options and helping you reach a solution.

It is possible for you to have a Pre or Post Nuptial agreement which can record how you would deal with this issue in the event of your separation.  If this is limited to arrangements for care of your pet it's known as a "Pet-Nup."

For more information or advice on your situation please call Family Law Partner Emma Lawler on 01522 542211

Photo by Annie Spratt on Unsplash