February is always known as the month of love and today, 20th February, marks ‘Love Your Pet Day’! At Moore Barlow we all recognise and understand the special bond between pets and their owners. For many families (including us in the Moore Barlow family team) pets are more than just animals, they are cherished members of the family. What happens to the pets in a divorce? Who has the right to keep the pet and what if you can’t agree who the pet will live with?
So what does the law say?
Pets are traditionally considered personal belongings in the same way as a car, a watch and household contents in the eyes of the law when it comes to divorce and separation. This means, if you were unable to come to a decision between you as to who would keep the pet, the court would look at:-
- who purchased the pet
- whose name the pet was registered in
- who looked after the pet and
- who was able to most suitably look after the pet going forwards.
Recent case of FI v DO [2024]
In this recent financial remedies case, the central issue was who was going to keep the beloved family golden retriever?
The Wife argued that the dog was a family pet and both her and her daughter had contributed to the purchase. The Husband’s case was that not only did he purchase the dog, but the dog also acted as a service dog for his mental health.
As a result of the dispute, the judge also heard evidence in relation to the husband allegedly abducting the dog 18 months post-separation, while the maternal grandmother had been out walking her.
Whilst the judge referenced the law that treats pets as property, she primarily focused on who had been the primary carer. The judge remarked that 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, which was found to be compelling, and more importantly, in her view, showed her strong connection to the dog and would always put the dog’s interest first. It was also noted that the Husband had disregarded the dog’s well-being and caused her emotional distress through the abduction. Based on the Wife’s consistent care and her understanding of the dog’s needs, the Judge ruled that she should stay with the Wife.
Full case report – https://www.bailii.org/ew/cases/EWFC/OJ/2024/384.html
A new perspective
The case highlights that the courts are shifting their perspective in relation to pets on divorce. This case emphasised the dog’s welfare and her sense of belonging to the family home rather than just being seen as ‘property.’
How Moore Barlow can help
At Moore Barlow, our experienced family and divorce lawyers are here to provide you with guidance on all aspects of divorce and finances. Our aim is to help you find a solution that best suits you, your family and your pets!
