What Happens to Pets During a Divorce?
The UK is a nation of animal lovers, with over 50% of UK adults owning a pet, and for those households, they can become cherished members of the family. Therefore, if a relationship breaks down, deciding who gets to keep the family pet can often be a complex and emotional issue.
How Are Pets Treated in Divorce?
While many pet owners may not want to think of them in this way, UK law currently treats pets as personal property or “chattels” in a divorce. This means that, unlike children, there are no formal custody or access arrangements for pets.
If there is a dispute over who should keep the pet and the court is asked to get involved, ownership will be determined by details such as:
- Proof of ownership or who purchased or adopted the pet
- Whose name is on the veterinary or microchip records
- Who was primarily in charge of caring for the pet
- Who was responsible for paying for expenses
However, consideration is often given to the pet’s wellbeing and the emotional attachment of both parties when resolving disputes. For example, one person may have paid for the animal, but the other may be its primary day-to-day carer, the one who takes it for walks, feeds it and has a stronger bond with the animal.
Should We Make a Pet Agreement?
In some cases, and if you believe there may be some ambiguity over who should keep the pet, having a pet agreement or pet nuptial agreement (similar to a prenuptial or postnuptial agreement) is a way to avoid possible conflict. A pet agreement can be drafted as a written understanding of what will happen to the pet, outlining:
- Who the pet will live with
- Who will be responsible for its continued welfare costs (e.g. vet bills and food), or how these will be shared
- Whether visitation or shared care is an option.
While pet nuptial agreements are not automatically legally binding in the UK, courts will strongly consider them if they have been drafted correctly. A pet agreement can also help set expectations and reduce animosity during what will already be an emotional period.
For unmarried couples who live together, details regarding pets can be included in a cohabitation agreement.
What Happens If We Can’t Reach an Agreement?
Couples going through a divorce or separation are encouraged to reach agreement with their ex-partner outside of the court. Alternative dispute resolution (ADR) methods, such as negotiation through solicitors or family mediation, can be a helpful method of resolving conflict. A neutral third party can help both parties agree to an arrangement that is fair and also prioritises the pet’s wellbeing.
Going to court should be seen as a last resort, as this can be a lengthy and costly process. There is also no guarantee regarding how a court might award pet ownership, since they must treat the pet as property and therefore they could base their decision solely on financial considerations.
Considerations For Separating Pet Owners
The thought of losing access to a beloved pet is highly emotional. However, pet owners going through a divorce or separation should consider the following to ensure a peaceful transition:
- Keeping the pet’s routine as stable as possible.
- Avoiding using the pet as emotional leverage during other negotiations.
- Considering the feelings of any children who may be involved and their bond with the pet.
- Giving thought to who is more able to look after the pet’s day-to-day needs.
- Being flexible and open to compromise such as shared ownership of a pet which can work for some families and couples.
Family Law Solicitors in Blackheath
Couples going through a divorce or separation can face many pressures, and if pets are involved in the dispute, the experience can be particularly challenging.
Our experienced family law team will work with you to resolve matters in the most amicable and constructive way possible, finding a solution that is centred around the best interests of all involved.
For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.
Alternatively, click here to arrange a call back.