Pet custody – who gets the dog in a divorce?

A growing number of people are coming to see solicitors to negotiate arrangements not for children, but of their pets.

It’s a trend that started in celebrity circles but which has filtered down into the lives of the general public, as animal lovers across the UK.

With the introduction of no-fault divorce in April 2022, pet “custody” cases are on the rise.

Lindsey Canning, head of family law at Wake Smith Solicitors, sees how some people might get the wrong end of the stick on the issue.

This article covers:

• What’s the law in the UK
• Is it your pet?
• The best interests of the animal
• Shared arrangements
• Our animal children
• Your next move?

Lindsey said: “So many people now have pets, particularly after the pandemic which saw a rise in pet ownership.  You may have divided everything else up fairly amicably from the furniture to the fire-pit, but splitting up, or handing over beloved pets, can be very fraught.

“Couples can often have no problem organising arrangements for the children, but then they insist they want the dog.

“One memorable case of mine involved a couple and a dog, which promptly died towards the end of the  proceedings. All that money spent and neither party were able to look after it in the end.

“Animals are not humans, even if we sometimes feel they are. On occasions, it is not about the pet but in sharing time with the animal, it allows an ongoing connection between the parties, which may been seen as ongoing control.

What’s the law in the UK

You can sign a “pet nup” before getting a pet, to determine what happens in the event of a split, together with what the other arrangements should be.

For those who don’t have this, unresolved matters can, although it is discouraged, be dealt with in the divorce courts if a couple are married, or in the small claims court, if they are not.

Animals are “chattels” as far as the law is concerned meaning they effectively have the same status as a TV or sound system. If an animal is a farm animal then it is definitely a chattel as it has value as “stock”.

It is noticeable that animals are beginning to be treated differently to being a pure chattel. The Government commissioned last year a report by the Pet Theft Taskforce to recommend how  to crack down on pet theft. Should the recommendations be followed then hopefully any new law will recognize the welfare of animals, and that pets are valued as more than property.

Read more about it here: https://www.gov.uk/government/news/pet-abduction-to-be-made-new-criminal-offence-in-crackdown-on-pet-theft

Is it your pet?

This would be for the Court to determine based upon a number of factors including who paid for the animal and who has paid for its upkeep, particularly since separation.

By the time these type of cases end up before a Judge, often the parties have been living apart for many months and a pattern already established in looking after the animal.

The best interests of the animal

Because pets are viewed as property, not sentient beings, disputes over pet custody may not always be resolved in the best interests of the animal.

Many animal rights advocates believe the law needs to consider welfare issues as much as legal ownership and that the arrangements should  be based on the welfare of the animal.

Shared arrangements

This can work better for some pets than others. Some like change, others do not.

It is important that both owners are consistent in how they treat the animals. They should watch for stress indicators in their animals.

Of course, not all shared  agreements traumatise the animals involved. However, they can prove distressing for their owners, by continually seeing an ex partner and not being able to move on.

Our animal children?

As a nation of animal lovers, our pets hold a special place in our emotions. This has intensified with an estimated extra 3.2 million pets in the UK taken in during lockdown.

This brings a new experience of forming a relationship with an animal to many people.

Pets are not children, even though they are often seen as members of the family. You cannot explain to a dog why it is being shared, however dogs in particular do get used to dog walkers, and so why not the same between separated couples.

There are no easy answers and the outcome will be bespoke to the individual case.

For further information ask one of our Family Law team.

Your next move?

To book an appointment regarding pet arrangements please contact Lindsey Canning in the Family Law team at Wake Smith Solicitors on 0114 224 2081.

Find out more about Family Law services

Published 28/07/22