The role of pets in families has been a strong one throughout history. The Ancient Egyptians worshipped their cats, Queen Victoria is known for her love of dogs, and her patronage of the RSPCA and Battersea Dogs’ Home. The late Queen Elizabeth II is often associated with corgis. The reliance people have on their pets cannot be denied.
Pet ownership in the UK skyrocketed during the pandemic years, as people turned to animals help them through stressful and overwhelming times (stat). Pets are integral in families and therefore when there is a breakdown, pets can become embroiled in the issues of separation.
Rebecca Sutton, Solicitor in London, explores how pets are treated in divorce and where the law in England and Wales needs to change to reflect the central role of pets in family life.
What happens to pets in divorce in the UK?
Currently, there is no legislation in England and Wales specifically regarding ownership of pets following divorce.
Pets are classed as ‘chattel’, which means they are treated much the same as personal items such as the contents of your family home, like a sofa, or your car.
When it comes to divorce, proof of ownership is a key factor when deciding which person takes custody of an item (though remember this does not include financial assets such as the family home). So, who the animal is registered to, veterinary records and purchase records will be important in a dispute.
Some consideration is given to who the primary carer is, generally in relation to day-to-day care, for example who walks the dog.
It is very important to seek expert legal advice if your pet has become an area of contention. A family lawyer can explore your options, including mediation or other out-of-court resolution methods.
Law in other countries
Various countries around the world have specific legislation regarding pets. Portugal, Germany, France, and British Columbia in Canada by law recognise pets as living, sentient beings that are not just chattels. Spain legally recognises a pet as a member of the family.
In some cases, these countries consider the welfare of the pet in divorce disputes, entirely disregarding ownership as the deciding factor in who the animal should live with.
Does the law need to change?
Interestingly, attitudes are starting to shift, and more emphasis is being placed on the wellbeing of the animal.
In a recent case, a golden retriever became central to the separating couple’s dispute and was a key focus of a financial remedies case. The Judge considered the welfare of the dog, and where the dog considered to be home, in making her ruling.
However, the law in England and Wales still sees pets as chattel, despite their prominence in society and the genuine familial attachment many people feel. It is time for this to change.
Are there any protective measures?
Breaking up is not usually at the forefront of people’s minds when they get a pet together.
However, it is sensible to have a plan in place in case you do separate in the future, especially if you want to avoid a disagreement over your shared pet.
There are two ways to do this:
- Pet-nup
- Pet clause in a pre or post-nuptial agreement
A pet-nup is an agreement growing in popularity which sets out the ownership, financial arrangements and care of your pet, and what should happen in the event of the breakdown of your relationship. It can set out the care arrangements for the pet, ensuring their welfare is kept central, and in the event of a break-up, can help to make sure each of you maintain your relationship with the pet.
Pet-nups can include:
- Custody and living arrangements
- Financial responsibilities
- Access
- Dispute resolution
Although this is not a legally binding document, it can hold weight in the event of a dispute.
Pet-nups are inspired by pre-nups (or post-nups, if you’re already married!). You can have a unique clause in these documents regarding your pet(s) which again can be used to settle disagreements.
It is important to seek legal advice, as an expert family lawyer will be able to draw up the agreement for you in a way that ensures it will carry weight.
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