What happens to pets in a divorce?

The emotional significance of a pet as part of the family has come to light recently in a divorce case and whilst our divorce solicitors are usually dealing with pension sharing, financial orders or children in divorce, more and more our pets are taking centre stage.

Pets in divorce

Pets, no matter whether dog, cat, tortoise, or guinea pig in law are known as “chattels” meaning that they are considered similar to possessions like cars or furniture, rather than as children or sentient beings with rights of their own. Chattels are physical objects and pets are generally considered personal belongings.

However, courts are increasingly taking a more nuanced view, especially when disputes over pets arise.

“In a recent case the court acknowledged the significant relationship between the pet and one party over the other in the divorce stating that the family dog should remain with the wife post-divorce,” said divorce and family law solicitor, Lucinda McWatt.

“This case is significant and sets a precedent as it is one of the first times a court has directly considered a pet’s best interests.”

The average lifespan of a dog is 10-13 years and statistics suggest the average duration of marriage for couples before getting divorced is 8 years, so the question of who gets the family pet is one that needs to be considered.

Pets in divorce settlement

If a couple opts for mediation then most of the time they will agree and make their own arrangements for their pets and often cooperate effectively to share the care.

If it not possible to reach an agreement through mediation the court has the power to intervene and make orders as to ‘chattels’ of the marriage.

In divorce proceedings, courts often consider pets as part of the overall financial settlement, similar to other assets and the court may take into account who purchased the pet, who has the registration documents and if the pet was gifted.

Divorce maintenance for pets

Pets can also be an expense and so maintenance costs for pets could be considered when determining income needed as part of the overall financial settlement in a divorce.

Key points to consider when pets are involved in a divorce:

• Ownership: The court looks at who legally owns the pet - who purchased it, whose name is on the microchip, vet records, or insurance?
• Agreements between Parties: If divorcing spouses can reach an agreement (often called a "pet custody agreement"), the court usually respects it.
• Best Interests (Informally): While not a legal standard like in child arrangements, courts may consider practical factors such as:
• Who has been the primary carer? Who has the time, space, and resources to care for the pet? Whether the pet is particularly attached to one party, as in the recent case.
• Disputes: If parties can’t agree, the court may order that the pet be given to one party or, less commonly, sold and the proceeds divided.
• Children’s Attachment: Sometimes the pet is awarded to the parent who has primary care of the children, to maintain stability.

“There have been calls to relook at the law when it comes to pets and divorce and have legislative reform to distinguish them from other chattels,” said Lucinda McWatt

“As with all aspects of divorce I would ask both parties to try and reach a compromise, and also consider the longer financial implications of pet ownership, who is best placed to care for it and perhaps consider an informal arrangement such as shared pet custody.”

How can we help?

For legal advice on divorce or separation where pets are concerned contact our divorce solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.