Fur better or worse: What happens to pets during a divorce?

Kate Garrett, Solicitor, Divorce & Family

Divorce is rarely straightforward, but adding pets to the equation introduces a new layer of complexity. In the Family Courts of England and Wales, pets are considered property, not family, so legally, your furry friend has the same status as a table or television. This can potentially open the door to bitter disputes over ownership.

Who gets the pet?
Disputes over pet ownership are increasingly common and can be as emotionally charged as those involving children. This can be difficult to accept for owners who see their pets as beloved companions. Factors considered by the court may include:

• Who purchased the pet? While not the deciding factor, the initial purchase or adoption can play a role.
• Who is the pet registered to? Whose name appears on the pet's microchip registration and veterinary records?
• Who financially provides for the pet? This includes who pays for vet bills, food, toys, grooming, and other day-to-day expenses.
• Who provides the primary care? The person who typically feeds, walks, and takes the pet to the vet may have a stronger claim.

Failure to reach an agreement could result in the court ordering the sale of the pet and splitting the proceeds, as it has the power to do with any shared property.

How can I avoid disputes over pets?
Pet-nups
While not legally binding, a "pet-nuptial agreement" can outline your wishes regarding your pet's future, covering ownership, finances, and arrangements for spending time with the pet. It demonstrates your intentions and can be downloaded for free from the Blue Cross website.

Pre-nuptial agreements
For those planning to marry, a Pre-Nuptial Agreement offers a more formal way to address pet-related matters which will be given weight by the Court. By including provisions for your pets in your Pre-Nuptial Agreement, you can:

• Clearly define ownership: Specify who legally owns the pet(s).
• Outline financial obligations: Detail who is responsible for various pet-related expenses.
• Establish a plan: Determine where the pet will live and whether time will be shared with the other party in the event of a split.

The future of pet ownership in the family courts of England and Wales
Though English and Welsh law still has progress to make in recognising the emotional bond between humans and animals, the growing awareness of pet ownership disputes suggests a potential shift towards fairer outcomes for our furry friends.

Whether you're seeking guidance on navigating your current divorce or looking to proactively safeguard your future with a Pre-Nuptial Agreement, contact our Family Team today.