Who Gets the Pet in a Divorce?

Pet ownership levels are on the rise, and it is not uncommon for divorcing couples to question what happens to family pets on separation or divorce.

In the UK, pets are legally classified as chattels - personal property - rather than family members. This means that during divorce proceedings, pets are treated similarly to items like furniture or cars.

However, for many couples, pets are beloved companions, and disputes over who keeps them can become emotionally charged. While the law may be clear, the reality is often more complex.

How Courts Decide Pet Ownership in Divorce

Although courts do not make formal “custody” orders for pets, they can determine ownership based on several factors:

• Who purchased the pet
• Who is registered with the vet
• Who pays for pet insurance and medical care
• Who is listed on the microchip
• Who provides day-to-day care (feeding, walking, grooming)
• Whether the pet was a gift from one spouse to the other

If one party can provide clear evidence of ownership and care, the court may order the transfer of the pet as part of the financial settlement.

Can You Share a Pet After Divorce?

While courts cannot enforce shared custody arrangements for pets, couples can agree informally to share care. These agreements - sometimes called “pet-nups” - can outline:

• Living arrangements
• Vet care responsibilities
• Holiday schedules
• Financial contributions

Though not legally binding, courts may consider such agreements if disputes arise.

What If the Pet Has Financial Value?

In cases involving pedigree animals or pets with significant monetary value (e.g. show dogs or racehorses), the court may assign a financial value to the pet and include it in the asset division.

FAQs: Pets and Divorce

Q: Are pets treated like children in divorce?

A: No. Under UK law, pets are considered property, not dependents. Courts do not make custody orders for animals.

Q: Can we agree to share our pet after divorce?

A: Yes. While not legally enforceable, shared care agreements or “pet-nups” can help avoid disputes.

Q: What if my ex refuses to return our pet?

A: If you can prove legal ownership, you may be able to seek a court order for the pet’s return as part of the financial settlement.

Q: Can the court consider the pet’s welfare?

A: While the law doesn’t require it, some judges may take welfare into account - especially if children are attached to the pet.

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If you’re considering or going through a divorce with pets involved, we can help. Click below for a free initial consultation with one of our expert divorce solicitors. 

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