Who keeps the pets after divorce?

When you're in a relationship, getting a pet together is a big step that can solidify your relationship with its shared responsibility. Nobody goes through this with the thought that they might one day divorce, but unfortunately, this is the reality in a lot of cases.

If you’re separating from your partner, one of the most pressing questions you have might be, “Who gets to keep the pets?”. Divorce is a complex and challenging process, and often the fate of your beloved furry friends adds an extra layer of complexity.

Let’s take at all the considerations that come into play when navigating pet ownership after divorce.

Pets Are as Important as People

Colleen Paige, an animal welfare advocate, set out to raise awareness for shelter animals with three main objectives:

1. To invite pet owners to celebrate the joy and companionship their furry family members bring to their lives. 
2. Advocate for the health and safety of rescued and homeless animals.
3. Encourage the adoption of animals stuck waiting for their forever homes in shelters and rescues.

 Whilst there is legislation and regulation protecting animal rights, for example against cruelty; they are not necessarily considered in the same way by the UK Courts when a marriage breaks down upon the divorce or separation of a cohabiting couple.

 With this in mind, it is important to try and minimise legal disputes over family pets on separation and divorce, not only for the welfare of your furry family friend, but also that of yourselves at an already emotional and stressful time.

The majority of us would consider our pets as part of the family and would treat them like our own children, however, the law treats pets in divorce proceedings as a “chattel” (an item of property for example a car or jewellery). You might not want to consider your pet an object, but understanding that this is how the law in the UK works will help you to navigate the intricacies of pet custody.

The decision as to who gets to keep the pets can become a contested aspect of settlement negotiations when a couple decides to separate or divorce.   

If you have separated and are able to co-operate with one another, an arrangement that suits the needs of you both and most importantly your pet’s needs can be agreed between you which will ensure that your furry family friend gets the best of both worlds after your divorce. 

If you cannot agree as to who will keep the family pet, given pets are treated as a chattel, the law says that the person who purchased the pet has the strongest claims on them after a divorce.  This, however, may not always be the case if the pet was a gift, for example, and if there are children involved and if the primary carer of the pet is not the individual who purchased the pet.

Determining Pet Ownership

It’s always better if you can come to an agreement amongst yourselves when deciding on people ownership after you split because should the case go to court, you may end up with an outcome that suits neither of you.

Courts typically consider

• Who purchased the pet
• Who is registered as the owner
• Who pays for veterinary care and insurance
• Who covers daily expenses (food, supplies)
• Whose name is on the microchip registration

In rare situations where an agreement can’t be met, the court may require a pet be sold or decide against you and give ownership to your ex.  You would hope any Judge having to make this difficult decision would take into account the interests of the pet, the parties and potentially any children in the family as well.

Best Approaches for Pet Arrangements

Mutual Agreement 

The best solution is often reaching an agreement outside court:

• Discuss shared care arrangements
• Consider the pet's routine and welfare
• Think about practical arrangements
• Document any agreement in writing

Mediation 

If direct discussion is difficult:

• Use a mediator to facilitate negotiations
• Focus on the pet's wellbeing
• Consider both parties' circumstances
• Work toward a practical solution

Practical Considerations

When deciding on pet arrangements, consider:

• Living arrangements (suitable space/environment)
• Work schedules and availability
• Financial ability to care for the pet
• Relationship between pet and any children
• Other pets in the household

Pet-Nup(Prenup) Agreements

Given that pets are still considered chattels in the UK, they fall under the property division laws in the event of divorce or separation. In other words, it is possible to add your pets into your prenuptial agreement before you marry. 

Consider a 'pet-nup' before marriage or when getting a pet:

• Clearly state ownership
• Outline care arrangements if separation occurs
• Include financial responsibilities
• Document any pre-existing arrangements

Pets are very sensitive to change and will be aware of the tension in the home when you are trying to agree arrangements for them. Changes in living arrangements and their day-to-day routines are likely to upset your pet and their behaviour may change as a consequence. 

While UK law may view pets as property, their emotional importance to families is undeniable. The key to resolving pet custody issues lies in practical, amicable discussion focused on the pet's welfare. Whether through direct agreement or mediation, finding a solution that works for all parties, including the pet, should be the priority.

Need Legal Advice? If you're facing decisions about pet custody during divorce, our family law team at Hegarty can help guide you through the process and protect your interests while ensuring the best outcome for your beloved pet.