Pets often form an integral part of a family unit, but they are considered personal property under the law. This may come as a shock to many people – that the family court considers their beloved animal in the same way they would a car, or any other object.
In this regard, English and Welsh law is perhaps lagging behind other jurisdictions. Whilst animals were recognised as sentient beings for the first time through the Animal Welfare (Sentience) Act 2022, and the new Pet Abduction Act 2024 further enshrines this principle, the UK has not gone as far as other jurisdictions. For example, France recognised animals as “living beings gifted with sentience” rather than personal property in 2014. Spain similarly followed suit in 2022.
Whether the UK will take this next step remains to be seen. For now, whilst the emotional value of a pet typically far exceeds their financial value, only the latter will be considered. Similarly to horses, the breed, pedigree, health, age, and competition record will be relevant factors to consider. For a high-value pet, a comparative market analysis will likely be appropriate.
If you are considering or going through a divorce and have concerns about what will happen to the family pets, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.
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