How are pets valued for divorce?

For many couples, pets are more than just animals—they’re family. So when a relationship ends, deciding who keeps the dog, cat, or even a horse can be one of the most emotionally charged aspects of a divorce.

While UK law currently treats pets as chattels (personal property), the courts are increasingly sensitive to the emotional bonds people form with their animals. At Vardags, we understand how important your pets are, and we’re here to help you navigate this delicate issue with care and clarity.

How the Courts View Pets in Divorce

Under English law, pets are treated similarly to other personal possessions, like cars or furniture. However, courts may consider:

• Who purchased or adopted the pet
• Who primarily cared for the pet (feeding, walking, vet visits)
• Who has the time, space, and resources to care for the pet post-divorce
• Children’s attachment to the pet, if relevant

Although there’s no formal “pet custody” law in the UK, judges may take a pragmatic and compassionate approach, especially in high-conflict or high-net-worth cases.

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. 

Who Gets to Keep the Pet?

There’s no automatic rule, but courts may consider:

• Ownership documentation (e.g. microchip registration, purchase receipts)
• Welfare of the animal
• Practical arrangements (e.g. housing, work schedules)
• Emotional attachment and the role the pet plays in family life

In some cases, couples agree to shared care arrangements, though these are not legally enforceable unless formalised in a consent order.

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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