Who keeps the pets on divorce?

With the latest statistics estimating that 42% of marriages in England and Wales will end in divorce, it comes as no surprise to learn of the various pet battles that have subsequently emerged among divorcing couples. A survey conducted by the Dogs Trust found that a quarter of people felt that their dog would be the most important consideration upon separating, with a fifth of divorcing couples believing that disputes over the custody of the dog is just as stressful as those over the children.

UK divorce law does not make provision for how the courts will determine who the family pet resides with and yet it is often one of the most difficult issues to resolve when a couple separates. Whilst the pet is very often seen as a member of the family, the law treats them as a chattel; no more than the fridge or the lawnmower. So with no legal status, how does the court determine who the pet should remain with?

If the couple is married, as pets are considered personal property, such disputes will be addressed within financial proceedings and the allocation of property within the divorce.Therefore, in some circumstances, the court may seek to make an order for the pet as it would do so for any other item that you own within the marriage. For example, the courts could order one party to transfer the ownership of the dog to the other as it would do a television. Going to court and litigating over a pet however, can be very costly for all involved and so it is important that the individuals are mindful of this.

If the couple are unmarried and simply cohabiting, then the courts will often adopt an approach based on strict legal principles. This essentially comes down to who bought the pet, and so evidence such as receipts for the purchase of the pet would be considered.

In view of the above, it is important that couples, both married and cohabiting, avoid contentious disputes by discussing what would happen if they separate when they first get the pet. A couple entering into a marriage are able to enter into a prenuptial agreement and those cohabiting can enter into a co-habitation agreement which can set out arrangements for the pet if the relationship ends.

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