Who Gets the Dog? – How Pets Are Handled During Divorce in the UK
Divorce and separation bring many difficult decisions. Alongside financial and child arrangements, one emotionally charged issue that often arises is who keeps the family pet?
Whether it’s a beloved Beagle, a rescue cat, or even a reptile with attitude, pets are part of many families. Sometimes, they even go beyond that and can be crucial support for lots of people struggling with mental health conditions which are likely to be worsened by separation. For many of our clients, deciding what happens to a pet is just as important and just as painful as deciding arrangements for children.
Despite the importance of pets within many families, under current UK law, pets are legally considered “chattels”, a term used to describe personal possessions. This means that the law sees pets in much the same way as cars, jewellery, or furniture and not the sentient companions that they are.
Many of us feel that our pets are the heart of our family but unfortunately, as can be seen in the case of RK v RK 2011, there is no specific legal framework for pet ownership under family law. Judges don’t have an obligation to consider the pet’s welfare and needs if the court is asked to make decisions about them, unlike where a dispute arises about arrangements for children, and often many people have the same or similar emotional attachments to their pets as they do children. One judge may appreciate the importance of pets, whereas another may dismiss the issue entirely and in a legal sense, neither approach would be wrong. There is no guaranteed or consistent approach to arrangements for pets, but the Court may consider:
- Who purchased or adopted the pet, and who is named on any relevant documents (such as microchip registration or vet records).
- Who has primarily cared for the pet, including feeding, exercising, and paying for vet bills or insurance.
- The living arrangements of both parties, particularly whether one has suitable accommodation for the animal.
- In cases where children are involved, courts may take the view that the pet should stay with the children, as pets can provide stability and emotional support during a difficult time.
While the law may treat pets as property, at Band Hatton Button, we understand they are so much more, and it is a risk to leave the fate of your furry friends to the Family Court. We encourage our clients to approach pet decisions in a cooperative and focused way where possible.
At Band Hatton Button, we can prepare a “pet-nup” agreement that sets out who would keep the pet in the event of a separation. These can be created before/during the marriage or as part of a cohabitation agreement. The charity Blue Cross even offers a free “pet-nup” template as a starting point. Having something decided and written down before any potential issues arise may help to reduce any problems if separation does occur in the future.
In absence of there being any prior agreement as to what should happen to your pets upon separation, we often help people work through this in family mediation or collaborative law. In these settings, both parties can reach an amicable agreement without putting the decision for man’s or woman’s best friend in the hands of a stranger who may not appreciate or understand how important that animal is to you.
At Band Hatton Button, our lawyers are all members of Resolution – First for Family Law and will help you resolve matters in a conciliatory way. We also have an Accredited Family Mediator and Collaborative Lawyer.
For more information visit the family pages of our website by clicking here or call the Family team for initial help with no obligation on 024 7623 7368.