Dealing with a divorce or separation includes many challenges, and when pets are involved, things can become more complex for those involved, often heightening emotions and stress.
For many pet owners, their animals are not just pets; they are beloved companions and an integral part of the family. So, when couples separate or get divorced, the question arises: Who gets to keep the dog, cat, or other family pet?
In this blog, our experienced Family Law team explores how pet ownership is treated during divorce and how separating couples can reach a fair agreement.
Divorce and Separation – How Are Pets Handled?
Under current UK divorce law, pets are legally considered property or “chattels”, not dependants.
Although you may not want to view your pet as property, it is essential to realise the implications of how they are categorised in the event of a dispute. In these circumstances, if a couple cannot reach an agreement about pet ownership on their own, the animal will be treated similarly to disputes over other possessions, like cars or furniture. Therefore, in a pet custody dispute, the court may consider:
- Who legally bought or adopted the pet
- Who is named on registration or microchip records
- Who is on the vet’s records
- Who is the pet’s primary carer
However, in more recent cases, courts are also considering the animal’s relationship with its owners and what would be in its best interests, looking at the emotional connection between pet and owner, not just the legal standpoint.
Will We Have to Go to Court Regarding a Pet Ownership Dispute?
Separating couples should ideally cooperate and try to reach a mutual decision regarding their pets without going to court. There are various Alternative Dispute Resolution (ADR) methods available that can help when trying to resolve a pet ownership dispute, including:
- Negotiation with the other party, either through informal discussions or via solicitors
- Family mediation, where a neutral party can guide the discussion and help parties reach an amicable decision regarding all aspects of divorce and separation
This approach is often less fraught, as court proceedings can be more expensive, lengthy, and stressful. Read our recent article for more information: Top Tips for Effective Family Mediation.
Family mediation, or other forms of ADR, provides the opportunity for both parties to discuss their concerns and work toward a solution that prioritises the pet’s wellbeing. Hopefully, couples can reach a joint decision and create a pet agreement that can include factors such as:
- Who the pet will live with
- Shared care or visitation arrangements
- Responsibility over costs, including vet bills, insurance, food, etc.
Formal legal action may be required if negotiations fail or family mediation does not resolve the dispute. There may also be situations where it is not suitable for someone to communicate with their ex-partner.
Regardless of the situation, seeking legal advice early on will ensure you are fully aware of your legal rights related to pet ownership, as well as other aspects of a divorce or separation.
Can We Include Pets in a Prenuptial Agreement?
Yes, you can include a clause concerning a pet in a standard prenuptial (prenup) or postnuptial (postnup) agreement, which can set out the agreement regarding your pet if you were to get divorced or separate. Although these documents are not yet legally binding, if correctly drafted and deemed fair, they do hold weight if a dispute arises following separation. Including pets in these documents could also make a pet custody dispute after divorce more straightforward.
Cohabitation agreements can also include a pet clause for unmarried couples who live together.
Pet Agreements – What Should We Consider?
When deciding who keeps the pet and arrangements for its continuing welfare, it is important to put emotions to one side and think about:
- The pet’s routine and stability
- Suitable living arrangements
- If the pet has a bond with children in the household
- Work schedules and availability for day-to-day care
- Consider if shared ownership is suitable and if that would be better for the animal or family members involved
Putting the animal’s needs first can help guide a fair and compassionate decision, making the process much easier to deal with.
Support When Losing Your Pet
If it has been decided that your ex-partner will take the pet, or you need to re-home your animal, this can be a sad and difficult experience. Pet charities, such as the Blue Cross, offer services that might help, including Pet Loss Support, which can help you through the process of separating from your pet.
Find out more here: Pet Loss Support Services.
Family Law Solicitors in Wisbech and March
Bowsers Solicitors have been working with families for many years in various matters, including disputes over pet ownership and all areas of divorce and separation.
Our experienced team abides by Resolution’s Code of Conduct, meaning we prioritise negotiation and mediation to resolve all matters. With this, we do everything possible to avoid the family court. This helps to keep costs to a minimum, speed up the process and, in most cases, will make for a far more amicable situation.
We always recommend seeking legal advice at an early stage in the dispute. However, even when this happens, family court is not always avoidable. Nevertheless, we have the means to support you through the court process and will do all we can to achieve a favourable outcome.
If you are looking for family law advice, please contact our experienced family solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
