Can I keep my pets when I divorce?

When a relationship ends, the question of what happens to the family pet can be just as emotionally difficult as decisions about the family home or finances.

For many people, a pet is a much-loved member of the family. However, under the law in England and Wales, pets are generally treated as property rather than in the same way as children. This means that the court does not make arrangements for pets based on what would necessarily be in their “best interests”.

Instead, ownership and responsibility for the pet may become one of the issues that needs to be resolved as part of the divorce or separation.

Who keeps the pet?

There are a number of factors that may be relevant when deciding who should keep a family pet, including:

• Who originally purchased or adopted the pet?
• Whose name is the pet registered in?
• Who has historically paid for the pet's food, insurance and veterinary treatment?
• Who has responsibility for the pet's day-to-day care?
• Where does the pet normally live?
• Which person is realistically able to continue providing appropriate care?
• What arrangements would work alongside any children and their routines?
• Are there any particular welfare or medical needs that need to be considered?

Although these factors can help establish ownership and responsibility, disputes about pets can become surprisingly complicated, particularly where both parties have developed a strong emotional attachment.

What happens if the matter goes to court?

A pet is legally treated as an asset rather than as a child. The court therefore does not have the same framework for making pet arrangements as it does when deciding where children should live or how much time they should spend with each parent.

The court may ultimately determine who is entitled to retain the pet, but litigation over a much-loved animal can be expensive and emotionally draining.

It is also important to remember that a court's decision about a pet does not necessarily provide the practical arrangements that owners may want. For example, it may not provide for shared care, regular contact or responsibility for future veterinary expenses in the same way that an order concerning children might.

Can we agree to share the care of our pets?

Yes. Where possible, reaching an agreement between the parties is often the most sensible approach.

Couples may agree that the pet will live primarily with one person while the other continues to have contact. Alternatively, depending on the circumstances, they may agree to share care.

Any agreement should ideally consider the practicalities, including:

• where the pet will live;
• how and when care will be shared;
• who will pay for food, insurance and veterinary treatment;
• responsibility for routine appointments and medication;
• what happens if the pet becomes unwell;
• arrangements during holidays or when either party is away; and
• what happens if circumstances change in the future.

For some pets, particularly those that are elderly, anxious or have specific medical or behavioural needs, moving between two homes may not be appropriate. The arrangements should therefore be realistic and focused on what will work in practice.

What if we cannot agree?

If an agreement cannot be reached, there are several options before considering court proceedings.

Negotiation can often resolve disputes about pets alongside the wider financial issues arising from a divorce.

Mediation can also provide a useful forum for discussing practical arrangements and exploring solutions that a court may not necessarily impose.

In some circumstances, arbitration may be another option where the parties want a binding decision without going through the court process.

It is also worth remembering that an agreement about the pet does not have to be viewed in isolation. One party may be prepared to make concessions about the pet in return for an agreement on another aspect of the financial settlement.

What should you do if your pet is at the centre of your divorce dispute?

If your pet is an important part of your family life, it is worth raising the issue with your solicitor at an early stage.

The key is to look at the practical arrangements as well as the legal position. While it may be tempting to approach the issue as a question of who is the “better” owner, the reality is that a sensible agreement may be far preferable to spending significant time and money litigating over an animal.

At Rosewood Solicitors, we can advise you on the legal position concerning your pets and help you explore practical solutions as part of your wider divorce or financial settlement.

If you are separating or divorcing and are concerned about what will happen to your pet, contact our Family Law team for advice on your individual circumstances.

This article provides general information only and does not constitute legal advice. The law and the circumstances of each case are different, and you should obtain specific legal advice before taking action.