Pets and divorce: what happens to the family pet?

In the eyes of the law, a family pet is considered a personal belonging. For animal lovers, this might be a strange concept, as when you adopt or purchase a pet, they can feel like family, or even a child.

Personal belongings, known as “chattels”, can be very contentious when it comes to determining their value and how they should be distributed in the event of divorce. This is particularly true with pets.

Ownership

Often a couple will share the responsibilities of being a pet owner, such as feeding the pet or taking it out on regular walks, which makes it even more difficult to determine who it “belongs” to.

The primary, legal consideration for the courts is who has proof of ownership. However, if both parties share this, case law suggests that the pet will go to the party who has principally looked after it based on evidence. If the pet was clearly gifted to the other party, then the recipient of the gift will keep it. 

Shared custody

In most cases, it’s generally advisable that divorcing parties sever all ties with one another, specifically in relation to finances. Although reaching an agreement to share custody of your pet and its maintenance costs may be a possibility in some cases, it doesn’t help you reach a clean break and continues to tie you together financially, and so it is generally not an advisable solution.

Financial considerations

As with children, family pets can cost substantial amounts of money when you consider their maintenance, from daily necessities such as food to the more costly insurance and vet bills. Though not a consideration for the court, when determining which party should keep a pet, financial stability and the suitability of the home should be the key, determining factors for the parties involved.

If a couple is struggling to reach an agreement, they should carefully weigh up the financial implications of pursuing legal action over pet custody, and whether it’s proportionate and reasonable to incur such costs. Reaching an amicable agreement outside of court can prevent unnecessary financial strain. 

Pets and divorce: in the courts

In the event of a dispute, the court will consider the proportionality of the costs of litigating issues about the family pet, as they would with other assets. The court’s resources are limited, and it will want to prioritise other aspects of the divorce. In fact, unless the value of a personal belong is significant, or if it is a point which is highly contentious, family pets will not usually be referred to at all during divorce proceedings.

You should therefore aim to reach an agreement on what happens with your pet before asking the court to decide for you. A simple approach might be for the pet to stay with the spouse who either purchased it or went into the relationship already owning it, or whoever the pet is registered with.

If parties still cannot agree on what happens to the pet, you will be encouraged to try mediation, which can be a cost-effective method to help resolve the issue. 

Lodders’ specialist divorce solicitors understand divorce can be a difficult and often painful process. We will support you with excellent legal and tactical advice, throughout the whole process, and aim to help you resolve your marital difficulties is a sensible, pragmatic, cost effective and proportionate way.

For further advice about pets and divorce, please get in touch.