Breaking Up With Pets Involved: Why You Should Consider a Pet-Nup

For many couples, pets are considered to be as much a part of the family as children.  So, what happens when a relationship breaks down? Who gets to keep Milo the dog or Luna the cat?

The Legal Position: Pets as ‘Chattels’ Under UK Law

For married couples, the Matrimonial Causes Act 1973 gives the court power to make property adjustment orders or the power to make an order for sale in respect of “property”. Pets are regarded within the courts of England and Wales as “chattels”. What this means is that the courts view pets and determine decisions in the same way as dealing with a car or a piece of furniture.  Most of us that have a pet know that they are much more than a chattel.  This often comes as a shock to separating couples who both see themselves as the pet’s parent.

Most of us (although we probably do not like to admit it) spend hours talking to our pet, taking them on adventures and caring for their every need.  Most dogs will come on the family holiday and be spoilt with new toys and treats at Christmases and birthdays; so why do the courts class them as a material possession?

How Do Courts Decide Who Gets the Pet?

Generally, the parties are left to resolve any disagreements they may have over ownership, and the courts only really become involved if a party insists on bringing the issue back to court.  The courts will have regard to the following when determining ownership:

• Whether the pet was purchased during the relationship?
• Who purchased the pet?
• Was the pet purchased as a gift?
• If the pet is microchipped, who is it registered to?
• Whose name is registered at the vet’s practice?
• Who pays for and has taken out the insurance?

Whilst it is important for the above factors to be taken into consideration, there are other important factors such as who cares for the pet i.e. feeds, grooms, takes on walks and generally looks after the pet and spends more time with them.

A Shift in Perspective: Recent Case Law

The courts are beginning to acknowledge the emotional bond that owners and pets have, as can be seen by the recent case of FI v DO [2024] EWFC 384. In this case there was a dispute over the parties golden retriever puppy.  The court decided that the puppy should remain with the wife who had solely cared for the puppy for 18 months post separation and disrupting the arrangement would be distressing not only for the puppy but for the children of the family also. The court believed that the puppy considered the family home to be a safe place where they belonged.  This was despite the husband claiming to have solely purchased the puppy. 

However, there is a call for further reform. 

Calls for Reform: The Work of the Pets on Divorce Group

The Pets on Divorce working group made up of family law practitioners, vets and animal behaviorists is seeking for the government to reform the law to better reflect the emotional bond so that determinations are based on welfare, rather than focusing solely on ownership.

With so many uncertainties as to how the courts will deal with disputes over pets, pet-nups are therefore becoming increasingly popular.

Pet-Nups: Planning Ahead for Your Pet’s Future

A pet-nup is an agreement made between partners similar to that of a pre/post-nup, except a pet-nup clearly sets out the arrangements in respect of the ownership and care of a pet should the relationship break down. Whilst pet-nups are not legally binding, the court can have regard to all of the circumstances in a case within divorce proceedings and a pet-nup can therefore be considered by the court and is likely to be influential of the parties’ intentions should a conflict arise. 

What Can a Pet-Nup Cover?

A pet-nup will typically deal with the following:

• Establishing who is legally recognised as the pet’s owner
• Determining where the pet will primarily live in the event of a relationship breakdown
• Whether the non-resident owner should have access to the pet and how often
• How financial responsibilities will be dealt with such as purchasing food, insurance, grooming and vet bills
• How will decisions be made where there are health or welfare issues. 

Why Consider a Pet-Nup? Legal and Emotional Benefits

If you are considering purchasing a pet with your partner, you may want to consider having a pet-nup drawn up to provide clarity and avoid any potential conflict.  This can save costs in the long run as legal disputes can be expensive.  Having an agreement in place will minimise the risk of needing to make an application to the court.

How Pinney Talfourd Can Help

If you would like to find out more information about a pet-nup or if you are struggling to reach an agreement in respect of arrangements for your pet following separation, please contact a member of our Family Law team on 01708 229 444 and we will be happy to assist.