Today, 20 February, is National Love Your Pet Day! Pets are considered as companions, friends, and very important family members for many families across the UK. Therefore, it is no surprise that when a relationship breaks down, disputes around pets can be one of the most emotional and contentious issues to resolve, sometimes more than money or property in family law cases.
Over half of UK households own at least one pet (including dogs, cats, and a variety of other species ranging from snakes to tarantulas!), so this issue affects a large number of separating couples. However, many separating clients are often shocked and upset to learn how the law in England & Wales currently approaches pets on divorce.
The existing law
Under the current law, pets are treated as ‘chattels’, which is the legal term for personal belongings. Pets therefore sit within the same category as a car, fridge, or chair, rather than as a living being with emotional and welfare needs.
This means that on divorce, pets are deemed ‘property’ to be divided, and the court’s focus is generally on ownership of the animal, rather than consideration of their needs. When a dispute arises, the court will therefore look at issues such as:
- Who paid for the pet?
- Who is the pet registered to?
- Who pays for the insurance, pet food, or vet bills?
The court does not undertake an assessment of what is in the pet’s ‘best interests’ and cannot make an order for shared-care similar to a child arrangements order made in children proceedings. The reality of the above is that pets often sadly become a bargaining tool within difficult separations. They may also be separated from the family member they are most bonded with, which can cause stress and anxiety to both the owner and pet. In the worst cases, some pets are sent to shelters because owners cannot agree arrangements. Overall, the approach can fuel conflict for separating couples, making it harder to reach an overall settlement on other issues to resolve such as the finances and children.
Pressure for change
There is growing recognition that the law in England & Wales is outdated and does not reflect the role that pets play within modern life. A ‘Pets on Divorce’ working group was established in the UK in 2024, which is a group of professionals including family lawyers, vets, and animal behaviour experts that was created to better understand the scope of the problem. This group highlights the issues with the lack of guidance and clarity in the current procedure (which only makes disputes longer, more costly, and adds pressure on the courts) and their focus is to reform the law to ensure that pet welfare is taken into account on divorce.
Many other countries in Europe (such as Spain, France, and Portugal), along with Australia, New Zealand, and Canada already have processes that ensure that pet welfare is prioritised over ownership when deciding with whom a pet should live .
In the absence of legislative reform within England & Wales, there are notable legal cases however that highlight a recent shift in judges’ approach to these matters. In Fi v Do [2024] EWFC 384, the court focused on whom the dog’s primary carer was (the wife) rather than who paid for the dog (the husband), and concluded that as the dog had lived with the wife for 18 months it would be distressing for the dog and the children to change those arrangements. This decision highlights a growing emphasis on dog welfare rather than treating pets solely as just being ‘property’.
How to prevent/resolve pet disputes in the current climate
In the absence of any further substantive change to the law, separating couples can take the following steps to prevent and resolve pet disputes:
- Pet-nuptial agreements: a ‘pet-nup’ can be entered into at an early stage to give clarity to what will happen to your pet if you separate (to include where the pet will live, how care would be shared, and who will meet costs and ongoing expenses). Although these agreements are not legally binding or enforceable in England & Wales, they can set out parties’ intentions clearly from the outset, which may make any future negotiations easier and/or be taken into account in future proceedings as one of the circumstances of the case to be considered.
- Reaching agreement: couples can agree informally on the arrangements for the pet on separation. This can either be done completely informally and independently, or mediation (with the assistance of a neutral and independent third party mediator) can be a useful tool to assist with facilitating conversations and narrowing any issues in dispute. Arbitration is another option to assist couples with reaching an agreement, where a private arbitrator can be appointed to make a binding decision on any specific or discrete issues, which is often much quicker than going to court. Court proceedings should also be a last resort if possible, as it is expensive, slow, and stressful for all parties involved.
How Moore Barlow can help
We understand that family disputes, especially those involving pets, can be emotionally draining and complex. If these circumstances are relevant to you, please contact our Family and Divorce Lawyers to seek advice early to clarify your rights and practical options from the outset, reduce the risk of disputes escalating, and to assess the best way forward for you and your pets.
