I’m separating from my partner – what happens to our pet?

From Ruth Langsford and Eamonn Holmes to Ant McPartlin, many tabloid stories have highlighted how couples handle pet arrangements during a divorce.

While pets are often seen as beloved family members, English law classifies them as chattels (items of personal property). This means they are theoretically treated no differently than a TV or car.

In this blog, we discuss how pets are dealt with during divorce, how can you prevent disputes and if a dispute arises, what are the best options to solving it.

How pets are dealt with during divorce

Courts generally prefer not to get involved in the division of personal property and encourage couples to decide these matters themselves. If they cannot agree, the court will likely consider factors such as ownership when deciding who keeps what. In the context of pet ownership, pet registration and insurance documents may be relevant.

Additionally, the court can consider the costs of maintaining a pet within an individual’s income needs when deciding financial arrangements. However, there is no mandatory consideration of a pet’s welfare or the couples’ (or pets') wishes and feelings. The court will not address issues beyond ownership, such as care arrangements.

The recent case of FI v DO [2024] EWFC 384 (B) has brought further attention to this area. In this case, the court did consider the arrangements for the family dog. The husband argued that the dog should live with him because he had bought it.

However, the judge looked beyond simple ownership and considered who the dog saw as its carer. The judge found the wife’s evidence compelling, noting that it “showed someone who understood about dogs, was compassionate, and would always put the dog’s interests first.” As a result, the wife was awarded the dog.

Ultimately, the case of FI v DO signals that judges may be willing to use their discretion in deciding pet ownership issues. It is, perhaps, a nod towards the position in some other jurisdictions, where laws have been updated to recognise pets as “sentient beings” and judges have a duty to consider their welfare. However, the case does not change the standard position in English law.

How can I prevent a dispute from happening?

Pet pre-nuptial agreement

A pet-nuptial agreement is a formal agreement between two parties outlining what will happen to their pet should they separate. This could exist as a stand-alone agreement or could include inserting a ‘pet clause’ within a prenup. It could cover care, access, and financial arrangements.

Nuptial agreements are not automatically legally binding in England and Wales. However a well-drafted agreement that meets certain criteria and is fair can carry significant – if not decisive – weight when it comes to a financial settlement on divorce.  

Such an agreement can prevent conflict at the outset of separation, as the couple will have already considered the issues before tensions may begin to rise. This means further discussions may not be necessary, or at the very least, the process could be smoother.

Practical solutions: How can I resolve a dispute?

Discussion between parties

When deciding who gets to keep the family pet, separating couples should try to reach an amicable solution considering their circumstances. In particular, the following factors may need to be considered:

• Health and age of the pet: Will the pet likely respond well to a shared care agreement? Will it be okay transitioning between two properties?
• Children: The effect of any arrangements on children. For example, are the children particularly attached to the pet?
• Primary caregiver: Who has been the primary caregiver for the pet, including feeding, walking, and veterinary visits?
• Living arrangements: Which party has a living situation that is more suitable for the pet, such as access to outdoor space or a pet-friendly environment?
• Work schedules: Which party has a work schedule that allows more time to care for the pet?
• Financial capability: Who is better able to afford the ongoing costs of pet care, including food, grooming, and medical expenses?
• Emotional bond: Which party has a stronger emotional bond with the pet, and how might the pet's emotional wellbeing be affected by the separation?
• Future plans: Are there any future plans (such as relocation or travel) that might impact the ability to care for the pet?
• Existing agreements: Are there any existing agreements or understandings about pet care that were made during the relationship?

If a couple is honest about the above factors, this should help them come to a solution that is fair and agreeable.

Mediation and arbitration

If couples are unable to reach an agreement alone non-court dispute resolution options such as mediation and arbitration could help. This could assist in setting up agreed financial and contact arrangements.

Mediation involves an informal meeting between the couple and a neutral specially trained third party who helps them work together to reach an agreement. Arbitration involves appointing an arbitrator who acts as a judge, listens to both sides of the argument, and makes a binding decision.

Both options are usually quicker and more cost-effective than court proceedings.

How do other countries view pets in divorce proceedings?

Despite the approach in the recent Fi v Do case, there's no indication of imminent reform in the UK. In other jurisdictions, there's growing awareness that pets should be treated differently from personal property.

Colleagues within Mills & Reeve are in fact part of a working group hoping to effect a change in the law on how pets are treated in divorce cases, taking inspiration from a comparison of positive changes made in other jurisdictions.

In California, as of 2019, pets are considered “community property” if they were acquired during the marriage, meaning judges can determine pet ownership after considering their best interests. Relevant factors include who took primary care of the pet, the level of emotional connection, and where the pet may prefer to live.

Similarly, in Spain, a law effective in 2022 considers pets as sentient beings. Courts must consider pets’ best interests and welfare requirements when deciding ownership, contact, and financial arrangements.

We may see more cases like FI v DO, where judges use their discretion to decide what happens to the family pet. However, for now, the law remains clear, and options such as pet-nuptials could be beneficial in determining arrangements for our furry friends.

If you need support or advice on this topic, our specialist family lawyers can help you 

Our content explained