Pets; our little furry friends who quickly become cherished members of the family and which we cannot imagine life without. It is estimated that over half of UK families have a ‘fur baby’, with dogs being the most popular family pet. But what happens to our furry family members in the case of a divorce or separation?
Understandably, deciding who a pet should live with, in the case of a divorce or separation, can be a very emotive issue, which often gives rise to disputes. The longstanding legal position is often unfathomable to parties; that pets are regarded as personal property or ‘chattels’, in the same way as an inanimate object, such as a car is. This means that the Courts’ powers are limited to determining ownership of the pet and deciding which party should own the pet moving forward. Divorce can already be an extremely difficult time as a result of the upheaval of family life, without the added emotional burden of the prospect of losing a pet.
Are things changing?
A recent case of FI v DO [2024], concerned a divorcing couple with two children and a golden retriever, purchased jointly during the marriage. The wife argued that she had been the dog’s primary carer for the previous 18-months, post separation, and sought to retain the dog. The Husband argued that he had trained the dog and registered her as a disability support dog for his anxiety and depression; he sought a declaration of ownership for the dog. The Court found that the dog’s welfare was best served by remaining with the wife and children, as the primary carer for the preceding 18 months. As a result, the wife was granted ownership of the family dog.
Why is this case important?
Whilst the Court acknowledged the dog was a chattel and was jointly purchased by the parties, that fact was not as important in the Court’s decision as who the dog saw as her carer. Whilst the wife had not previously been the dog’s primary carer, she had been in the 18-months following separation and the Court found that it would be in the dog’s best interests to remain with the wife. This case is one of the first times a Court has directly considered the best interests of a pet in its decision making, within a matrimonial dispute. Time will tell whether this will set a precent for future cases of this nature.
Is there anything I can do?
‘Pet-nups’ or Pet-nuptial Agreements are gaining popularity with families who have adopted a furry friend. Like Pre-nuptial Agreements, a Pet-nup is a document that details the care and living arrangements of a pet, in the unfortunate event of a divorce or separation. Whilst, in the Court’s view, a Pet-nup is not a legally binding document, it will be taken into consideration in Court disputes, provided it is well-drafted and details all relevant aspects of a pet’s intended care and living arrangements, post-divorce.
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Author: Stacey Williams
Published: 15/07/25