Pets on Divorce: who keeps the family pet?

Introduction

Since the start of the COVID-19 pandemic, a total of 3.2 million households in the UK have acquired a pandemic pet, according to the Pet Food Manufacturers’ Association. This means the country now has 17 million pet-owning homes.

The usual first ‘port of call’ when a relationship breaks down is agreeing child arrangements and the separation of finances. The question of pet arrangements and ownership on divorce is often an overlooked, but heart-breaking issue, as the family pet is usually considered a core member of the family unit. So, when a couple separates, who keeps the dog, cat, fish or horse?!

English Law

Pet-lovers are often shocked to hear, that under English law, their furry friend is treated as an item of personal property, in the same way as an item of furniture in the family home! Therefore, the pet’s wishes, feelings and welfare are not taken into account as they are with children.

If parties cannot reach a mutual decision on who keeps the pet, then a court will likely rule in favour of the party who has proof of ownership in their name. Alternatively, a judge could order the sale of the pet and for the proceeds to be split equally. In determining ownership, the Court would consider factors such as who bought the pet and who is registered as the contact with the vet.

Spanish Law

In a recent Spanish case, a Madrid judge gave joint custody of a dog to an unmarried couple who sought a ruling on whom the dog should stay with post-separation. This decision included the consideration of the pet’s welfare for the first time and follows similar decisions in France and Portugal where judges considered pets as sentient beings instead of objects.

The English legal position is far removed from the actual significance pets are perceived to have as members of the family, however this is unfortunately not the reality at present and there are no plans for reform on the horizon.

The “Pet-Nup”

One way of avoiding disputes arising over pets on divorce is to enter into a pre-nuptial agreement with a dedicated clause dealing with what to happen to the pet upon separation, or even a freestanding “pet-nup”. The agreement can deal with the care, ownership and associated expenses of the pet.

The court is not obliged under English law to keep to the agreement but unless there have been significant changes, they are likely to regard the agreement as very persuasive. For more information on pre-nuptial agreements, please click here.

If you need advice and assistance in dealing with your pet on divorce or with a pre-nuptial agreement dealing with your pet, then please contact Thomas Palmer at [email protected] or another member of the Machins family team. As an animal lover myself, I understand the concern and care you have for your furry friend.