Following separation, couples must make decisions about finances, children and what happens to their pets. While many owners see pets as part of the family, under UK law they are treated as a chattel in divorce proceedings, which often comes as a surprise.
With approximately 62% of UK households owning one of the country’s 36.5 million pets, disputes over who keeps a pet after separation are becoming increasingly common. This article explains the legal position surrounding pets in divorce and the practical factors that can influence the outcome.
Are pets legally involved in a divorce?
In the UK, people are surprised to hear that despite people considering pets an integral part of the family, pets are considered chattels. Pets are therefore dealt with in the same way as personal belongings or items in the former matrimonial home and as such, consideration will need to be given to them in the context of any divorce and financial settlement.
Even though pets are living beings, they are not dealt with in the same way as child arrangements. As such, disputes arise whereby couples cannot agree who should retain the pet following separation and unfortunately, this is not a matter that the Family Court like to get involved with. They only have certain options available to them when dealing with chattels and tend to concern themselves with the division of larger assets such as houses and pensions. Unlike the contents of a family home, a pet cannot be split in half and for many the prospect of selling or walking away from their pet is not an option.
Why pet arrangements can still become a major issue
Even though pet arrangements are becoming more popular and, in most cases, offer parties a resolution, they are not legally binding unless contained within a consent order or final order in respect of finances. This means that neither couple have to stick to the agreed arrangements. This can be difficult for couples to comprehend with. Disagreements usually occur surrounding the ownership of the pet especially when the person who purchased the animal is not the same person who cares for them, buys their food or pays the vet bills.
Who gets custody of a pet in a divorce?
Custody is not usually a word associated with pets and is an archaic term used to describe children living with one parent in children act proceedings. When deciding who gets to keep the pet following separation, this is likely to be the person who bought the animal, pays the vet bill, is the registered owner and the person who has been the main carer.
What factors can help show ownership
When considering the ownership of a pet, there is no set checklist however, we have included a couple of factors that might help. The ownership is not limited to just these factors and others may be considered when deciding who the legal owner of a pet is:
- Whose name is on the purchase or adoption paperwork?
- Who is named on the microchip or registration documents?
- Who is registered at the vet?
- Who pays for food, insurance, and vet treatment?
- Who is registered on the pet insurance certificate?
- Who mainly walks (if relevant), feeds, and cares for the pet (in other words generally cares for the pet day to day)?
- Which party has the closest bond with the pet?
- Was the pet bought as a gift?
- Whether the pet lives primarily at one home?
It is worth noting that over time, ownership can be transferred which can make matters more complex. For example, it is likely to be the case that the person who is on all the documentation relating to a dog, takes them on daily walks, feeds and cares for them, pays for any vet treatment etc. is likely to be considered the legal owner.
Can couples agree shared care of a pet?
Despite the Family Courts not treating pets in the same way as children, this is not to say couples cannot agree to an informal shared care arrangement for the pets between themselves. You will however appreciate that this would not be legally binding and requires the couple to cooperate and agree to the arrangement and this can sometimes be difficult in circumstances where the couple are not amicable or there is no obvious practical solution for splitting the care of the animal.
When shared arrangements may not work well
It may not be practical to have a shared arrangement for logistical reasons such as when the couple do not live in close proximity to each other. It also requires the couple to be amicable. Such arrangements would not always be suitable if one person has a non-molestation order or restraining order restricting contact between the two. In these cases, a clean break is the best way forward and having a pet arrangement may jeopardise this.
There may also be concerns over one person’s care for the animal or welfare concerns which prevent the other from wanting to agree to a shared arrangement. It is important that couples consider whether a shared arrangement would work in their circumstances.
Laws around pets in a divorce
Even though in the UK, pets are considered chattels for the purposes of divorce and financial matters and therefore the court has little interest in dealing with them, the ownership and evidence submitted for these cases can still be disputed. This means that if you are unable to agree who legally owns the pet and therefore should retain the pet post separation and/or the position is incorrectly represented in the evidence produced, this can be disputed and a court application can be made to Court to deal with this.
The Family Court does not usually like to get involved in these matters and would prefer for the couple to come to an arrangement between themselves. Making an application to Court should only be done as a last resort as they are expensive and time-consuming. The Court will also look at the facts of the case and is less likely to consider the emotional ties.
Are pets treated as property in UK law?
Yes, they are. Although this is not many people’s view point. The Family Court considers pets as “chattels” and they will form part of the discussion when deciding how to split the matrimonial assets. The Court can make orders in respect of them, such as, the transfer of ownership. The Court does not like to get heavily involved in pet arrangements unless there is significant evidence to suggest the ownership status or the pet is of high value. There is usually a lot of emotion involved, and it is better to try and come to an arrangement between yourselves.
Does the court consider the pet’s welfare?
There is no requirement for the Family Court to consider the welfare of a pet although in the absence of clear evidence, the Court can consider what is in their best interest. However, the practical welfare of any pet can be considered during negotiations between the couple, especially in cases where one person can clearly meet the welfare needs better than the other. Finances can usually play a big part in this and discussions around maintenance or meeting the financial needs of the pet can be discussed as part of the overall discussions about finances.
Nonetheless, a compelling argument for one person keeping the pet is if the animal is a service dog/pet or provides therapeutic support. In addition, if it can be shown that any change in the ownership of the pet would have an impact on any children of the family then this could sway it in one person’s favour.
Who legally owns a dog in the UK?
Although there are factors that should be considered when determining the legal ownership of a dog, it is usually determined by the wider circumstances and does not focus solely on one written document alone. There is no legalisation setting out determining factors and not one of the factors is more important that the other. All factors will be considered together and a decision will be made on the individual circumstances.
Some of the factors that should be considered are:
- Whose name is on the purchase or adoption paperwork?
- Who is named on the microchip or registration documents?
- Who is registered at the vet?
- Who pays for food, insurance, and vet treatment?
- Who is registered on the insurance certificate?
- Who mainly walks, feeds, and cares for the dog (in other words generally cares for the dog day to day)?
- Which party has the closest bond with the pet?
- Was the dog bought as a gift?
- Whether the dog lives primarily at one home?
What documents may help prove ownership
The following documents can help prove ownership of a pet:
- Purchase receipt
- Adoption paperwork
- Microchip details
- Vet records
- Pet insurance documents
- Bank statements showing regular pet-related payments
This is not a limited list and there may be others that may assist in proving the ownership of a pet.
What happens if there is no clear agreement with a pet during a divorce?
In the absence of a clear agreement between the couple about the arrangements surrounding any pet, all is not lost. There are alternative options such as seeking legal advice, attending mediation and considering arbitration or court proceedings. Court should be considered as a last resort.
It is important from an early stage to start collating documentation/evidence which might prove the ownership of the pet as this may be required at a later date in negotiations. If it is clear that there is going to be a dispute over who owns the animal, seek urgent legal advice as early intervention may save you both time and costs.
How disputes are often resolved in practice
Usually, disputes are resolved by parties reaching an agreement between themselves as this tends to save them costs. In the event this is not possible, the assistance of a mediator or solicitor to negotiate the terms of a pet arrangement can help.
Disputes of this nature are rarely dealt with in court proceedings as a standalone issue due to the cost implications. Proportionality should be factored into any decision to issue Court proceedings especially where there are no other points of contention. Seek legal advice before issuing Court proceedings.
Can a pet be included in a divorce settlement?
Parties can include arrangements regarding pets as part of the overall financial settlement. Finances as a whole should be taken into account and where necessary, provisions to ensure that the financial needs of a pet or the transfer of ownership documents can be included within a consent order, together with any details about pet arrangements which would then be sealed by the Court, making it a legally binding document.
What a practical agreement might cover
An arrangement for pets can include whatever the couple deem necessary to be included. The detail can be similar to that of a child arrangements order. Usually, they will cover the following:
- Where the pet will live
- Who pays ongoing costs
- Whether contact or visits will happen
- How holidays or emergencies will be handled
- What happens if one person moves away
- What happens if one person were to die (although this can be covered within a Will as well or instead of)
- What happens if there is a medical emergency and whether the other party should be notified
- Who is to make the medical decisions
The purpose is to cover any area that could potentially cause issues in the future.
When should someone get legal advice about a pet dispute?
It is not always necessary to involve a solicitor in matters involving pets and usually these can be agreed mutually between the couple or with the assistance of a mediator. Where there is a dispute or uncertainty over ownership of the pet, emotions are high and/or you have not been able to reach an agreement amicably and the pet has significant financial or sentimental value, you should seek the advice of a solicitor.
How to avoid disputes of pets
Although a pet nup is not legally recognised by UK law and therefore not legally binding, similar to pre-nuptial agreements, consideration is likely to be given to them should future conflict arise. It might therefore be worth having an agreement when entering the relationship, setting out details of ownership, care, vet bills, day to day costs, and what is to happen to your pet if you split up in the future.
If you are a cohabiting couple, then provision for pets could be included within a cohabitation agreement.