What happens to my pets when I get divorced?
Over 36 million pets currently exist across the United Kingdom. As a nation of pet owners, we treat our furry friends as part of our families.
However, when divorce or separation occurs, it often raises the painful question - “Who gets the pet?” Separating couples may find it difficult to lose the animal that has been by their side throughout some of their major life events or brings comfort to their daily lives. This blog will explain the rights of pets in England and Wales during separation and outline steps to minimize conflict.
Who has the right to a pet in a divorce?
In England and Wales, the law classifies pets as personal property, or chattels. Meaning, pets are treated like a possession, such as a car. They do not have the same rights as a child or family member.
Because pets are considered property, separating couples will need to agree, ideally through mediation, on who will take legal ownership and responsibility for them. Failing to do so may result in the Family Court having to decide who will receive ownership of the pets.
Worried about losing your pet in your divorce?
Ask us to review your position before you start formal proceedings. Call your nearest Holden Smith office or submit a confidential form.
How will the court decide who gets custody of the pet?
If you and the other party are unable to reach an agreement on who will get the pet(s) custody, then your divorce solicitor will submit an application to the Family Court. As part of the court proceedings, the court will take into consideration factors such as:
Who adopted or bought the pet
Who is named with the vet as the owner or on any chips on the pets
Who looks after the pet on a day-to-day basis
Who will be able to support the pet and have suitable living arrangements for it
They may also calculate the costs of caring for the pets, which could be factored into a financial settlement of the divorce.
Can we have an arrangement order like the children?
Depending on the circumstances, both parties may be able to arrange for shared ownership of their pets. It can be fair for pets to follow the same schedule as the children. This gives stability to everyone involved. This will need to be carefully considered by both parties
Deciding how much time a family pet should spend with each party is beyond the scope of the court's jurisdiction, the court can only determine the issue of ownership. The issue of sharing care is a matter for the parties to decide between them, and if it can be agreed it can be recorded in a recital to any order the court makes to evidence the agreement.
What can make it easier? Petnups
Similar to a pre-nuptial agreement or cohabitation agreement, couples are opting for a pet nuptial agreement, also known as a "petnup". A petnup is an agreement typically drafted before a pet is brought into the family. The agreement can showcase:
Who will take ownership and become the primary caregiver of any pets if divorce or separation happens
The financial split in maintenance for any pets
The split in days of who has the pet if both parties agree
The arrangement of pet insurance
Who will make any decisions on the animal's health when required and pay for the vet bills
Like prenuptial and postnuptial agreements, petnups are not legally binding in England and Wales. They can serve as a good starting point for determining who will get the pets custody and often avoid the need for court proceedings. If disputes over pet ownership arise despite the petnup, then someone can contest a petnup. If presented to the family courts, it would not stand but would be good evidence of the factual background and previous agreements reached.
Considerations
When working out the custody of any pet, there are many things you need to consider:
1. The emotional toll it will take on either party if they were to be separated from the pet. As well as how it will affect any children you have together.
2. The pets welfare and emotional bond it has with the family.
3. The financial responsibility and cost of care for the pet.
These considerations will also be taken into account by the Family Court if they are asked to determine the issue.
How Holden Smith can help
Our family law solicitors can guide you through the steps taken during a divorce or separation, advising you on your options. Our family lawyers at Holden Smith have extensive experience helping clients create fair plans for their pets during separation. We can also assist with drafting a petnup agreement to ensure there is minimal disruption to your pets in the case of separation.
For your solicitor to give the best possible advice on your pet(s), it is recommended that you have the following information ready to give to them:
What is your pet’s name?
Who bought the family pet and how was the purchase funded?
Who is the registered legal owner at the kennel club/petlog?
Who is registered as the named owner on the microchip database?
Who is recorded at the vets?
Who is named on the pet(s) insurance policy?
What were the previous care arrangements for looking after the pet(s) when you were together and post-separation?
Contact us
If you’re going through a separation and worried about your pet’s future, our compassionate family law team can help you reach the best outcome for everyone including your furry friends.
If you are looking to draft a pet agreement with your partner, our family law team is ready to assist.
Speak to our team by calling one of your local Holden Smith Law offices or by completing our online enquiry form.
