Divorce and Pets: What Happens When Couples Split?

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Divorce and Pets: What Happens When Couples Split?

When a relationship breaks down, there is sometimes more at stake than a property or finances, especially if our beloved pets are in the picture.

For many of us, pets are more than just animals, they are our family.

Currently under English law, pets are considered "personal property" in much the same way as furniture, cars, or jewellery. This can come as a shock to many, especially those who view their pets as companions.

Hopefully, the courts will begin to recognise the emotional bond between pets and their owners and prioritise the pet’s wellbeing, taking into consideration their routine and living environment when deciding custody arrangements. Arrangements for the pet can also be recited in a Financial Consent Order.

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Determining ownership takes into account:

1. Who purchased the pet?

2. Whose information is on the pet’s microchip?

3. Who is the registered owner when it comes to vet and insurance?

4. Who is the primary carer of pet?

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However, courts are often reluctant to spend a lot of time on pet disputes unless there is significant evidence or the pet is of high value (e.g. pedigree animal or assistance dog). Since courts tend not to get deeply involved in pet arrangements and it is sometimes best for separating couples to reach an agreement themselves, there are a few options you may wish to consider:

1. Written Agreement

When you buy a pet, even though you and your partner have no intention of separating, a written agreement can set out what should happen to your pet if you were to separate. This can help avoid painful disputes down the line. While English law does not yet treat pets like children, the emotional impact of losing a pet during a separation can be very tough, it is therefore important to handle pet custody discussions with care.

2. Negotiated Agreement

On separation, parties can mutually decide who keeps the pet. This might be based on who has the time, space, or financial means to care for the pet. Some couples consider the emotional bond between the pet and each person, especially if the pet is noticeably attached to one partner more than the other.

3. Pet Custody Arrangements

Although not legally binding, couples can agree to shared care, similar to a parenting plan for children. This could involve alternating weeks, weekends or arranging visits. Putting the agreement in writing can help avoid any future misunderstandings.

4. Mediation

Pet disputes can be addressed in family mediation which is a less formal setting than court. A neutral third party can help you both come to an agreement that considers your pet’s best interests.

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