Why Pets Are a Growing Issue in Divorce and Separation

As a nation of animal lovers, we form very close bonds with our pets which is why upon a relationship breakdown it is very hard to lose them.

In the UK approximately 60% of households own a pet. That amounts to 17.2 million households and to approximately 13.5 million dogs and 12.5 million cats.

Are Pets Considered Property Under UK Law?

Many of us consider a pet to be a family member yet courts have historically considered pets to be “mere chattels” (property akin to the washing machine!).

The issue of who keeps the family pet is currently being challenged in Court and in Parliament with a petition calling on Parliament to distinguish pets from other property and to consider them as sentient beings.

Is the Law Changing? Growing Recognition of Pet Welfare

Many jurisdictions have already changed their laws. Various animal welfare groups are advocating for change and asking the Court to consider the emotional bond that we have with our pets and to consider the welfare of the animal concerned. In a recent case that was aptly named F I v D O [2024] which is a court decision that is currently influential rather than binding on a court, this hopefully signals a growing judicial willingness to look beyond simply who purchased the pets, and to prioritise who the pet sees as their primary carer. It is important to look beyond ownership to the reality of the pet’s emotional attachment and care.

What Did F I v D O [2024] Say About Pet Custody?

In the case of F I v D O [2024] the Court considered whether separating parties could share the care of their pet. Whilst this does work very successfully in many cases, the Court declined to make an Order sharing the care of the family pet as that would rely upon the goodwill and cooperation of the parties concerned.

How to Protect Your Pet: Pet-Nups and Legal Agreements

Couples entering new relationships are now taking positive action at the outset to ensure that their pets are protected in the unfortunate event of a relationship breakdown with “pet-nups” becoming more common practice. Whilst nuptial agreements are not guaranteed to be legally binding upon a Court, they are considered very persuasive. Pets do matter more than just an item of property so let’s hope that further change is on the horizon and the family pet will not continue to be an additional casualty of relationship breakdowns.

Getting Legal Advice on Pet Disputes

If you are going through a separation and are concerned about what will happen to your pet, our experienced family law solicitors can help. We provide clear, practical advice on resolving disputes and protecting what matters most to you.

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