What will happen to pets after a divorce?

As a nation we love our pets. Animals often form an integral part of family life, with disputes on pet custody becoming one of the aspects of concern in divorce proceedings. We have witnessed news stories of high-profile celebrities battle out the care arrangements of these four-legged friends during their divorce, with the likes of Ant McPartlin and his ex-wife agreeing shared custody of their chocolate Labrador, whereas Johnny Depp had to relinquish custody of his and Amber Heard’s dogs.

If you’re considering or going through a divorce and are concerned with what will happen to your pets, click below for a free initial consultation with one of our expert divorce solicitors.

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The Law

It is common to conflate custody arrangements relating to children with pets. These areas of law are, however, unrelated.

Child custody arrangements, on the one hand, are dealt with under the Children Act 1989, which place the child’s welfare as the paramount consideration in proceedings and looks to factors including the child’s wishes and their educational needs.

On the other hand, pets are treated as property under English law. This equates animals to the likes any other property owned by the couple that are dealt with during the divorce, for example, household furniture and cars. As such, the court’s approach in these cases does not look to the day-to-day caregiving duties or the emotional needs of the animal in question, but rather the same factors taken into consideration when handling ordinary assets. These may (though non-exhaustively) include:

• Who bought the animal
• Whether the animal was a gift
• Who paid for the vet bills and is registered with the vet
• Who is recorded as the owner

Can I get “pet support” in a divorce?

While the court can make maintenance-related financial orders on divorce, these do not extend to the maintenance of pets. These costs may, however, be factored into your income needs for spousal maintenance as part of the financial remedy process. This is particularly pertinent where such maintenance costs are extensive, for example, with horses or a pet that has a chronic condition requiring expensive treatment.

How can I protect my ownership of my pet?

There are several ways that someone can protect their ownership of a pet during the divorce proceedings:

“Pet-Nup” clauses in Pre or Postnuptial Agreements

Prenuptial agreements, or even freestanding “pet-nups”, can set out a couple’s agreement for the arrangements for their pet in the event they separate. The agreement can deal with the right of ownership, arrangements for the pet’s ongoing care, and arrangements to meet the ongoing expenses associated with the pet.

Like prenuptial agreements, pet-nups are not enforceable in England, and there is nothing in English law to say that a court has to uphold an agreement in the event a marriage breaks down. However, the significance of a properly recorded agreement is a relevant circumstance of the case on divorce, the importance of which will be weighed by the judge as one of the factors for consideration in reaching a decision on the appropriate division of assets.

By recording wishes and agreements at a happier point in their relationship, couples may find discussions and negotiations easier with reference to that agreement at the point of separation.

General Agreement

If there is not already an agreement in place, the parties can mutually agree on a course of action amongst themselves or in negotiation between their lawyers. To do so independently of the courts helps reduce costs and any potential conflict, with the final agreement being formally documented.

Financial Remedy Proceedings

In the event an agreement cannot be reached, pet custody arrangements may fall under ongoing financial proceedings. It should, however, be noted that the courts are typically unwilling to make orders in this regard. This can be seen in RK v RK, where Mr Justice Mostyn made clear that he was wholly unwilling to deal with the issue of pet ownership. Cases like IX v IY have therefore seen parties resort to specialist dog mediators to resolve these matters.

It is also worth noting the risk that exists with any litigation: mounting costs. Last year, a case saw £25,000 in legal fees being spent in a court battle over arrangements for a cat named Ozzy. However, the courts are generally reluctant to spend much time hearing evidence in relation to pet custody, wanting to focus their attention on childcare and financial arrangements.