Many of us consider our pet to be a member of the family and they are often an integral part of our day to day lives. So, what happens if you and your ex-partner have a pet together and get a divorce?
It may come as a surprise that all pets are legally classed as ‘chattels’ in divorce proceedings in England and Wales. Being classed as chattels means they have the same legal status as personal belongs such as items in the family home and other personal possessions.
The thought of losing ownership of your pet can cause huge levels of distress during an already upsetting time, so it is worth considering what options you have should the relationship breakdown.
According to the Blue Cross, when Brits split, it is usually (56%) the wife or girlfriend who keeps the pet, whereas just under a third of men (29%) retain full ownership of the shared pet. This leads to 6% of those unable to decide who should keep the pet to give them up to charity.
The First Step
It is always best to try to resolve any issues during a divorce amicably and without going to court. Where you and your ex-partner are unable to come to an agreement between yourselves, you should consider mediation to try to find an arrangement which works for both you and them. If you do decide to go to court, this can take time and be a costly experience, and the decision made may not be beneficial to either of you.
Consideration should be given not just to your own wishes but also to what is in the pet’s best interests. If you or your ex-partner are needing to move to smaller accommodation with minimal space, or rented accommodation where pets are not allowed, this needs to be factored into your decision. If you have children you may wish to consider the effect of any arrangements made on them, especially if they are attached to the pet or consider them their own.
Similarly, you should consider both yours and your ex-partner’s capacity to take care of the pet going forward – would you be able to move your work schedule around to care for them if needed, and would you be able to financially afford the ongoing costs.
What about a pet-nup?
A pet-nup or pet-nuptial agreement is the pet equivalent of a pre-nuptial agreement, focusing on the family pet instead of other assets. A pet-nup can make the process of divorcing slightly less stressful for both parties as it outlines the living arrangements of the pet in the event of a divorce or separation and can include factors such as contact arrangements, how the pet will be shared between the parties and any arrangements for ongoing care and expense responsibilities.
Whilst a pet-nup is not a legally binding document, it will be taken into consideration by the court, instead of their predominant focus being on who has named ownership.
There are several elements to include in a pet-nup which make it more likely to be upheld by a court:
- Independent legal advice being obtained to show both parties understand the legal implications of the agreement.
- The agreement is made in the best interests of the pet or pets.
- The agreement is fair to both parties and realistic in its provisions. If it is heavily weighted in one person’s favour the court may be less likely to uphold it.
Court Proceedings
The first thing the court will consider is who has proof of ownership of the pet – which of you originally bought the pet and has proof of payment.
The court may also look at factors such as pet registration, insurance documents, care contributions such as vet bills, primary care, microchip registration, and financial contributions, such as grooming, insurance, food.
After considering these elements, the court will make a decision. This might be:
- Shared custody and maintenance costs of the pet
- Transfer of ownership of the pet from the purchaser to the other party
- The court may decide that provisions should be made for the costs of the pet’s upkeep when considering the income needs of the party keeping the pet. This will then be factored into the overall financial award provided by one party during the divorce.
The case of FI v DO [2024]
Last year, the case of FI v DO offered an insight into how the courts approach may be changing towards ownership of pets after divorce. Here, the court gave recognition and emphasis to the pet’s welfare and who the primary caregiver was, suggesting a changing attitude towards pets as more than mere ‘chattel’.
District Judge Crisp said, ‘the dog has been cared for solely by the wife since that separation some 18 months previously. I accept what the wife says 18 months is a long time in a dog’s life. It was clear when the dog ran back to the family home after he had been taken by the husband that the dog considered that to be a safe place and where he belonged. The wife’s evidence as I have set out was compelling but more importantly in my view showed someone who understood about dogs, was compassionate and would always put the dog’s interests first. The dog’s home is with the wife, and she should stay there. It would be upsetting for both the dog, and the children were those arrangements to alter. The husband has managed without a dog for 18 months and it does not therefore seem necessary for his support, even if that were the case which I do not accept was the position at the time the parties separated.’
Whilst there has not been a change in law from pets being chattel, the case of FI v DO demonstrates the growing recognition from courts to the importance of pets to family life.
Pets and Wills
If you have pets, a Will can also include provisions for any pets in your care, including who is to look after them – whether that is a family member, friend or that rehoming is the best way forward.
How AFG Law can help regarding what happens to pets in a divorce
If you are in the process of getting divorced and are unable to reach an agreement on your family pet, you can reach out to the compassionate and understanding family team at AFG. There are a whole range of services related to divorce which AFG can help with, and what happens to pets in a divorce is one of them.
If you have any further questions regarding pets on divorce or if you require legal advice on any of the information listed above, please call 01204 377600 to speak with AFG Law’s expert family team who can support you in all aspects of family law. Alternatively, you can email one of the team members at familysolicitor@afglaw.co.uk.
AFG Law have multiple offices with family solicitors in Manchester, including Stockport, Bolton and Bury. We can also assist clients remotely.