Separation is hard enough when there is the legal framework of a divorce to work through. For couples who were never married, untangling a shared life can feel even more uncertain, particularly when it comes to something as personal as a beloved pet.
In follow-up to our previous blog, ‘Pets and Divorce: Who Keeps the Family Dog?’, our family law team looks at what happens when unmarried couples have a dispute over a pet.
Millions of couples in the UK live together without marrying, and it is common for them to share dogs, cats, and other pets as a central part of their life together. However, if the relationship ends, the question of who gets the pet can quickly become a source of conflict.
Unmarried Couples Have Fewer Automatic Rights
When married couples separate, the family court has broad powers to divide assets and reach a fair outcome. Unmarried couples do not have access to that same process. Under current laws in the UK, there is no equivalent to a financial settlement on divorce for cohabiting couples, regardless of how long you lived together or how intertwined your belongings, including pets, become.
For unmarried couples, disputes over pet ownership are treated as civil property matters. The starting point is fairly straightforward: who does the animal legally belong to? And unlike a divorce, the court is not looking for what is fair based on the division of marital assets. It is looking for what the evidence shows.
Who Does the Pet Legally Belong To?
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
If these point to one person, the legal position is relatively clear. The difficulty arises when the answer is split, which is extremely common in long-term relationships in which both partners play an active role in the animal’s life and care.
More recently, 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.
What If We Both Contributed
This is where things can get more complicated. If you jointly purchased your pet, both contributed to its costs, pet insurance, and both provided care, the legal position is not as obvious. In that situation, a court would need to weigh up the full picture of evidence and make a decision on the balance of what it finds.
Before it gets to that point, it is worth exploring whether an agreement can be reached between you, either directly or through a solicitor. Family mediation is available to unmarried couples as well as those who are getting divorced. Mediation can be a far less costly and stressful route to a resolution than formal legal proceedings.
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 a Cohabitation Agreement Help?
Yes, and this is one of the most practical steps unmarried couples can take before a dispute arises. A cohabitation agreement is a written legal document made between couples who live together that sets out arrangements for finances, property, and children if the relationship ends. Cohabitation agreements can also include a pet clause, covering who the animal will live with, how costs will be shared during the relationship, and what happens if you separate.
While setting up a cohabitation agreement may not feel like the most romantic decision of your relationship, it can provide real clarity for both parties and can prevent a painful dispute further down the line. It can also be a much more affordable process than resolving a dispute through the courts after the fact.
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.
How Our Family Law Solicitors in Wisbech and March Can Help
At Bowsers Solicitors, we understand that disputes during a breakup can be extremely distressing. We work with cohabiting couples across Cambridgeshire, Norfolk, and Lincolnshire on all aspects of separation, including disagreements over property and pets.
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 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 solicitors and chartered legal executives for cohabitation agreements today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
