It’s over…Who gets the pet in divorce?

According to the PDSA’s 2024 Animal Wellbeing (PAW) Report, 51% of the UK population own a pet. For many of us, our pets form a key part of our family unit. Arrangements for pets can therefore be one of a number of important considerations on divorce.

At present, England does not have specific laws on how to deal with pets on divorce in court proceedings. Instead, they are treated the same as any personal property (e.g. household contents and other inanimate objects). Before making decisions about pets, English family courts may take into account factors such as:

Who paid for the pet

Who the pet is registered to

Who pays for the pet insurance

Deciding arrangements for pets on divorce can be a difficult discussion where both parties have a strong bond with the pet. However, there are a number of ways to deal with matters outside of court, to save time and money, and to give parties greater control over the process:

1. “Petnuptial” agreement

Before welcoming a new pet to your home with your partner, it is sensible to consider and discuss arrangements and what would happen to the pet in the event of future separation to avoid disputes later down the line.

To pre-empt any future disputes arising about pets, couples may wish to enter into a petnuptial agreement (known as a “petnup”), which records the agreed arrangements for any pets during the relationship and on separation. There are a number of things that can be included, such as who will cover maintenance costs and vet bills, who the pet will live with and care arrangements.

A petnup is not currently recognised as a legally binding document in England but courts may still take them into consideration.

Petnups can help avoid future disputes and prompt important discussions surrounding the care of your pet.

A clause dealing with arrangements for pets can also be included in prenuptial agreements or, if an unmarried couple, cohabitation agreements.

2. Mediation

If an informal agreement cannot be reached between parties, mediation can be an effective way for separating couples to reach an agreement outside of court. Mediation involves a trained, neutral third-party mediator facilitating confidential discussions between parties and helping to steer them towards resolution. Mediation can be a helpful forum to tackle difficult topics. As parties know their relationship with their pets best, reaching an agreement through mediation allows participants to explore creative solutions that are the best fit for their family. During these meetings, other aspects of divorce can also be discussed, such as finances and child arrangements.

3. Arbitration

This  involves both parties jointly instructing an arbitrator to carry out what is, in effect, a private hearing and reach a binding judgment (known as an “award”). This can be an effective way of dealing with all aspects of financial remedy, including arrangements for pets. Whilst a more expensive option than mediation, parties can choose an arbitrator who is best suited to their needs, with the relevant expertise, and avoid court delays.

If matters cannot be resolved outside of court, you may consider issuing court proceedings, though given the costs and delays associated with court proceedings, this decision would likely only be taken if other aspects of financial settlement also need to be resolved, and we recommend obtaining legal advice before doing so.

This is a broad overview of how pets may be dealt with on separation. However, we recommend obtaining legal advice for more information and to find out how the law applies to your personal circumstances.

If you wish to speak with someone about arrangements for your pets and finances on divorce, our experienced Family team is here to help.  To arrange an appointment with a member of our Family team, please contact Kirsty Tuite at kirsty.tuite@coolebevisllp.com.

Coole Bevis LLP

www.coolebevislaw.com