Who Gets the Dog in a Divorce? The Im-PAW-tant issue of How Pets Are Handled During Divorce

If you're thinking about separating or getting divorced, one of the most emotional questions you might face is: Who gets the family pet?

A recent case decided last year – FI v DO [2024] EWFC – has put the spotlight on this issue, showing how seriously the courts can treat disputes over beloved pets during a divorce.

Real Divorce Case: Dispute Over Pet Custody in the UK

In this case, the couple disagreed over who should keep their golden retriever.

The husband said he paid £1,200 in cash for the dog, trained her himself, and relied on her to support his mental health. He also stated he had registered her as an assistance dog – although he only did this more than a year after the separation. He claimed that the wife had not cared for the dog since their split, refusing to walk or feed her.

The wife gave a very different version. She said the dog was bought jointly – the husband paid £600, their daughter contributed £320 from birthday money, and she paid the remaining £280. The wife was the registered keeper, had signed the dog up with the Kennel Club, and had been paying for all veterinary care and pet insurance.

Since the separation, the dog had been living with the wife and their children. The wife also alleged that her mother was once walking the dog when the husband forcibly took her. Although he admitted taking the dog, he claimed the dog was happy to go with him. However, under cross-examination in court, he admitted the dog had actually run away from him and returned home. The wife further alleged he later dragged the dog into his car, injuring her paws.

How UK Divorce Law Treats Pets and Pet Ownership

This might surprise you — but in English law, pets are treated as property, like furniture or jewellery. In divorce cases however, the courts don’t automatically award pets to the person who paid for them. Instead, they may take into account who has cared for the pet.

That approach came from an earlier case in 2011 (RK v RK), and the court in this recent case referenced that decision.

But the judge also made it clear this situation felt more like a child arrangements dispute than a financial one. She said it was clear from the dog’s behaviour — running back to the family home — that she felt safe there. She also believed the wife had a better understanding of the dog’s needs and would prioritise her wellbeing. On top of that, the judge felt that removing the dog from the wife and children would be distressing for everyone involved — including the dog.

In the end, the judge ruled that the wife should keep the dog.

Interestingly, the judge also said that this issue had been so central to the case, that had they agreed on who kept the dog early on, they might have avoided much of the rest of the court proceedings altogether.

Pet Custody Agreements: What You Should Know Before or During Divorce

If you’re going through a divorce and have a pet, this case is a reminder that it’s worth thinking about these issues sooner rather than later. Pets are part of the family, and disputes about them can become emotionally charged very quickly.

To avoid uncertainty, you can create a simple agreement ahead of time – often called a Pet-Nup – which sets out who would keep the pet if your relationship breaks down.

It’s a small step that can save you from a lot of heartache later.

Need Help with Divorce or Pet Custody? Talk to Our Family Law Experts

Whether you’re thinking about separating or already in the middle of a divorce, we’re here to support you. From child arrangements and financial settlements to what happens with your family pet, our family law team can give you clear advice and practical options.

We offer a fixed fee appointment for £250 + VAT, where you’ll be able to talk things through with a specialist and get the answers you need.

To book your appointment, contact our family team today.