Can I Keep the Dog? How Pets Are Treated in Divorce

When divorcing, most people will want expert legal advice relating to property, finances, assets, and children. But what about the family pet? Who will own the pet, where will it live, and who will pay for its food and vet bills?

Despite our love of our pets and the belief of many that they are family members, sadly in England and Wales, the law regards family pets as personal possessions, also known as chattels. This is notwithstanding the close and intimate role pets play in our family lives. From a purely legal perspective, our pets will be treated in the same way as an ornament or a painting in the event of a divorce.

The general approach in relation to possessions and chattels is for the division of items to be agreed by the parties and more often than not when considering pets this is what happens although it can be emotionally fraught.

The court (if matters get to court) can often be reluctant to deal with the pet issues on the basis of proportionality. The court’s document for disclosure (Form E section 2.8) seeks details of assets are worth £500 or more, indicative of the what the court considers proportionate. Whilst clearly of a high emotional value, most family pets do not carry such a value unless the animal under consideration is a racehorse or prize-winning show dog, for example.

Future arrangements for a pet often follow the parties’ discussions on housing need, child arrangements and the capacity to care for the animal when considering working commitments. Given a pet’s unique role in the family, there is no “one size fits all” approach to how pets should be divided or shared upon divorce. In most common disputes, whether the animal is the family tortoise or rescue dog, the dispute will far better be resolve with the help of mediation or some other form of alternative dispute resolution.

Perhaps a further consideration to where the family pet might live following separation, is how it will be funded. Pet food, vet’s bills, medication and insurance all carry a significant cost which will need to be factored into any budget of expenses, as the parties consider maintenance as any part of a wider matrimonial settlement.

In the event of a dispute before the court, the approach should be the same as for any other asset. The cost proportionality of litigating the dispute should be a primary consideration. Judges will inevitably take a dim view of being asked to adjudicate on a dispute centring around the family pet. When the matter comes before the courts, they usually adopt unique and bespoke solutions that may not offer much help as a precedent to others in dispute. However, it is clear that the court will look at the care and welfare arrangements for the animal, alongside affordability and upkeep and any continuing welfare concerns too as common criteria.

Ready to take the next step? Talk to us in confidence and find out where you stand. Our team of divorce and family law specialists – in London, Milton Keynes, Bicester and Watford – can advise and guide you from the moment we start working with you. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.