How are pets treated by the courts 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.

Despite pets being commonly thought of as part of the family, when it comes to gaining custody of a pet during a divorce, they are classed as a ‘chattel’, meaning they are thought of as an item of personal property. As a result, in most cases, the individual who paid for the family pet is likely to retain ownership.

However, the court may also consider several other factors in trying to determine the rightful owner including:

• Who pays for the pet insurance;
• Who is registered with the vet;
• Who takes responsibility for primary carer tasks such as feeding and walking;
• Who is named on the microchip;
• Who pays for food and other supplies;
• Whether the pet was a gift from one spouse to the other

If there is clear enough evidence in favour of one party, the courtmay order the transfer of the ownership of the pet.It is, of course, preferable if the parties can reach agreement directly, for example, with an agreement being made between the parties over who will look after the pet and when, particularly as the court cannot make such ‘pet custody arrangement’ orders.

Whilst they are not legally enforceable in England and Wales, couples can enter into a ‘pet-nuptial’ agreement. The court may decide to take this into consideration, and may give this considerable weight; however, the judge is not required to do so.. Consequently, unfortunately for pet lovers, there is no simple answer.

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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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