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Breakups are hard enough, but when a beloved pet is involved, emotions can run even deeper. For many families, pets of all sizes are considered members of the family.
This blog will explore the often-overlooked challenges of deciding who keeps the pet or how to share responsibility. It is crucial to consider what would happen to your furry-friend in the event of a breakup.
All pets are considered chattels following a divorce, even if they are frequently cherished family members.
Evidence that one person is the primary carer for the pet is frequently present, and it may even be feasible to determine who purchased the animal. This information could help decide where the pet should reside, following the breakdown in marriage. Couples are also urged to consider whether decisions would have an impact on any children, and who would be most suited to look after the pet after a separation.
There are some factors that may determine the Court’s decision in relation to the pets, such as whether the pet was received as a gift or whether it has a particularly close bond with a child. This is because post-separation this could cause issues to the dependent child as the welfare of the dependent child is an important consideration for the Court in every case.
If there is a shared care agreement and the pet is a dog, it is very likely that the pet will accompany the child between homes. If so, the pet will be cared for by both parents while it is with them. This may not be as effective for other species (like cats, for example), who may find frequent house changes more challenging or unpleasant.
What happens if parties cannot agree?
The best approach is to try and reach agreement about where your pet will live, but if you are unable to do so the Family Court will decide.
In Court proceedings involving the ownership of pets, the primary considerations are:
- Who initially purchased the animal (unless brought as a gift)
- Who financially contributes to the pet’s upkeep, including food, vet care and insurance
The Family Court evaluated ownership of the family dog in the case FI v. DO [2024] EWFC 38 during Financial Remedy Proceedings. Although the information regarding the dog's buyer was crucial, the Judge in this case found that the evidence regarding the dog's caretakers and its actual home was more significant. Although the Judge reiterated that family dogs should still be regarded chattels, this was the first occasion that a Judge considered the dog's potential best home rather than just its strict financial ownership.
FI v DO shows the growing judicial willingness to treat pets as emotional dependents and assists with encouraging inclusion of pet arrangements in financial and separation matters.
The most suitable arrangement for the family will also be considered by the Judge. Questions you should consider during separation are will both parties reside in a home that is pet-friendly and if the pet lived with one parent instead of the other, how would that affect the children?
Should I get a petnup?
Agreeing who should keep a pet might be a particularly challenging discussion during the emotional turmoil of separation. Therefore, before or during separation, it would be helpful to proactively agree possible pet arrangements during happier times. In order to achieve this, couples might draft a separate document known colloquially as a "petnup" that specifies ownership, custody, and other terms for their pet.
Similar to a prenup, a petnup will set out what should happen to your pets if you separate or divorce. A petnuptial agreement can be customised to your family's needs and typically specifies who will look after the pet, who will cover the vet and insurance costs, and whether the other party has "visitation" rights. Although it's not always suitable, it's common for a family dog to travel with children between parents.
As an alternative, a more conventional prenuptial or postnuptial agreement may contain provisions for the pet. Unlike prenups, petnups are not legally binding documents, however, the Court are likely to take this agreement into account unless there is a good reason not to. Although petnups are not legally binding, they will assist couples pre-determine pet ownership and other arrangements, and will help you avoid and minimise any issues or potential disputes in the future.
A petnup should include:
- Who will be the pet’s legal owner
- Any agreed contact or shared care arrangements
- How costs for food, vet bills and insurance will be decided
- Who will make medical decisions and cover major veterinary expenses
If you are going through divorce proceedings, your agreed pet arrangements can also be included within the consent order during the resolution of financial matters.
For the best outcomes, both parties should sign the document after obtaining independent legal advice.
If you have any questions about your family pet and are going through a divorce, please do not hesitate to get in contact with a member of the family team.
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