Pet Custody: Who Keeps The Dog If You Divorce?

Although child arrangements and finances are usually the main priorities when discussing divorce settlements, pet custody is by no means unusual. Did you know that in 2018, around one quarter of all divorce cases in the UK included the custody of a pet?

With Brits owning an estimated 12.5 million dogs and 12 million cats at the latest count, it’s fair to say we are a nation of pet lovers. Astute marketing has highlighted this fact over the years, with feathered and furry friends frequently featuring in television adverts for everything from sofas to car insurance. Dog friendly holidays are increasing in availability and, in some cases, pet ‘owners’ are being rebranded as pet ‘parents’, underscoring the sentiment that pets truly are part of the family.

But even though you might see your dogs or cats as your fur babies, unfortunately the law in England and Wales does not share that view. Where the best interests of children are given priority in a divorce case, along with factors such as access and living arrangements, pets are considered to be goods and chattels, like a laptop or an item of furniture.

This means that the court tends to look at who owns the pet in terms of who actually bought and paid for it, regardless of how strong the relationship may be between the animal and the other partner – unless, of course, the pet was a gift to the other partner.

The law considers questions including

• Who bought the pet?
• Who is named on the contract or purchase receipt, e.g. with the animal rescue centre?
• Who is named on the pet insurance policy?
• Which partner is registered with the microchip database?
• Who is the animal’s main provider, e.g. who buys the pet food and supplies, etc.?
• Which party is registered with the vet?
• Who takes care of the pet, e.g. walking, grooming, and feeding the animal?

If there isn’t any formal record of ownership, it could make matters more complicated. While the court has the authority to rule that an animal should live with just one party, it doesn’t have the power to order access. This means it cannot order the legal owner to give the non-owner access to the pet.

Without clear evidence, the court could also decide that the pet is jointly owned. If neither party is willing or able to take ownership, the court could order the pet to be sold, with both parties sharing the proceeds.

If the pet was bought for a child, it is likely that the animal will continue to live with that child. It has to be borne in mind, however, that pet maintenance can be costly, which could lead to further discussions about who should pay for pet care.

Fortunately, pet custody matters rarely go as far as court. If you and your ex-partner are on reasonably good terms you should be able to decide what happens to your pet. If you can’t agree, you might want to consider mediation.

Issues to discuss at mediation could include what is in the best interests of the pet, who is better placed to look after it, e.g. availability/ time spent at home, and who is willing to pay for the animal’s upkeep.

While some people may consider sharing custody of a pet, this may not always be the best option for the animal. Pets prefer a regular, stable routine, and the constant upheaval could be detrimental to their wellbeing.

Likewise, people with more than one pet who might be tempted to divide them between the two partners should think about what is best for the pets. If your pets are attached to one another, splitting them up could cause them a great deal of distress. On the other hand, if your pets don’t get along, it might well be a viable option.

It is not uncommon for prenuptial agreements to include future provision for pets, but separate agreements designed specifically for pets and their owners are growing in popularity. Known as ‘petnups’, these agreements are drawn up in the same way as prenups, with both parties setting out details of how the pet will be taken care of in the event of a divorce.

© Alex Tate 2021

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The above article is for general guidance only and should not be treated as a definitive guide or be regarded as legal advice. If you need more details or information about the matters referred to in this article, please seek formal legal advice from Amanda Vermeulen Solicitor.