Who Gets the Family Pet After a Divorce
In the UK, there are currently 13.5million pet dogs and 12.5million pet cats, as well as other animals who are much-loved family pets.
For many couples, a pet is far more than just an animal; they are a cherished member of the household. It is therefore no surprise that disputes about pets are becoming increasingly common when relationships break down.
Under the Law in England and Wales, pets are generally treated as “property/ chattels” rather than family members. This means they are considered personal property. This classification arises under Legislation such as the Matrimonial Causes Act 1973, which governs financial arrangements on divorce.
In practical terms, this means the Family Court generally approaches disputes about pets in the same way we deal with other items such as furniture, jewellery or vehicles.
If divorcing couples cannot agree who should keep the pet, the Court will typically look at evidence of legal ownership including:
- Who purchased the pet;
- Whose name appears on registration or microchip records;
- Who pays for veterinary care and insurance;
- Who has been primarily responsible for the pet’s day-to-day care.
Evidence such as receipts, veterinary records, registration documents and insurance policies can therefore be important in determining ownership.
The Law does not treat pets in the same way as children, and there is no formal “custody arrangement” for animals.
There are moves in this country to encourage changes to the Law to ensure that the Court considers animal welfare factors when deciding the future of a companion animal. For example, there is a strong link between domestic abuse and abuse of animals and the family pet can be used as an opportunity to torment and cause emotional distress when withholding the family pet from the other party.
Argentina and Colombia have developed case law embracing the concept of a “multi-species family”, and the companion animal has been awarded a status within the family, giving the pet the same protection as other family members.
In Canada and Australia, they have significantly reformed their Laws on Divorce to include consideration of welfare factors, the risk of violence to the pet, the relationship a child has to the companion animal and the willingness and ability of each spouse to care for the basic needs of the companion animal, as well as other factors such as the attachment of the companion animal to either party.
For cohabiting couples who are separating, there is even less protection in terms of ownership of the family pet than there is in divorce, and tangible evidence of ownership becomes even more important.
If you are separating and concerned about arrangements for a family pet, our Family Law team is here to help. Contact us for expert advice:
01792 450010