Pets and Divorce

Many people consider their pet to be a member of the family. It can be an emotional and hard decision to decide how pets will be cared for when couples separate.

Pet separation disputes are on the rise due to pet ownership rising during the pandemic. This leads to increased costs and heartbreak.

The legal position

Legally, pets are considered chattels under UK law. This is despite our strong bond with them. The law treats them the same as other personal belongings, like jewellery, cars, or furniture. Many people are understandably upset by this.

Contrary to children, the family court is not required to take into account the wishes or welfare of pets when dividing assets. The English courts are primarily concerned with determining who is the owner of a pet.

In the UK, the owner of the pet will usually be the person who paid for it. In determining the owner of a pet, a court will also consider:

• The microchip or the vet’s registration number
• Any contract documents that name the person
• Who feeds and walks the pet
• Who pays the pet insurance
• Payment for food or other supplies

When there is uncertainty over ownership, a court can decide what’s in the best interest of the animal. A home with a large garden is more suitable to house a dog than a high-rise apartment in the city.

The Court’s Powers

When there is enough evidence to prove ownership, a court may grant sole ownership to one party. If there is no obvious owner, a court can decide to grant joint ownership, if it is feasible between the parties and they are both deemed capable of caring for the animal. The court may also decide that the pet is to be sold if it determines that neither party can or is willing to take care of the animal.

Reduce conflict with these options

Mediation is a confidential, voluntary process that couples can use to discuss issues and find solutions in a supportive environment. The goal is to work together and reach a mutually agreeable solution. A mediator’s role is to act as an impartial third party who can help both parties to explore all options to find a solution and minimise conflict. If mediation fails, you may need to hire a lawyer to help you negotiate custody of your pet as part of the financial settlement. For Family Law Solicitors Gloucester, visit https://deeandgriffin.co.uk/personal-legal-services/family-law-solicitors/gloucester

Arbitration is an alternative method of resolving disputes that does not involve a court. The parties appoint an arbitrator to make a legally-binding decision on their behalf. While it’s usually faster than court, the cost is still there because an arbitrator has a fee. Both parties may want to be represented by solicitors.