The UK is known for being a nation of animal lovers and pets bring a lot of joy to their owners' lives. According to UK Pet Food’s 2024 pet population report about 60% of households in the UK have (non-aquatic) pets. Of those households, 36% have dogs and 29% have cats. A lot of the time when people think about divorce they might think it only relates to money and children. However, more and more couples are arguing about who gets to keep any family pets (for example, Ant McPartlin and his ex-wife Lisa Armstrong apparently share “custody” of their dog, Hurley, following their divorce in 2018).

Despite pet owners believing that their pets are a part of their family unit, in England and Wales, pets are currently classed as “chattels” and are legally treated as though they are personal belongings rather than living beings. The judges in the family law courts have no requirement to consider the welfare of any pets.

In the recent case of FI v DO* in 2024, one of the issues determined at the final hearing was about who should keep the family dog (a golden retriever puppy, “N”). The couple married in 2010 and separated 12 years later in November 2022. During that time, they had two children and, eventually, they purchased N. Initially, the husband sought a declaration of ownership of Nand a shared care arrangement (meaning the husband and wife would both care for N). The wife sought to keep N and said she could accompany the children to the husband’s home if the court permitted the children to have contact with him(this was a separate issue altogether). However, the wife later said this was no longer in N’s best interests due to an incident in December 2022 during which the husband took N from the wife’s mother while they were out for a walk. N ended up running back to the family home that the wife lived in with the children.

The husband argued that he had paid the funds to purchase N who he had trained and registered as a disability support dog, which he needed because he suffered from a mental health disability. He also argued that the wife did not look after N and refused to feed or walk her. The wife said she, the parties’ daughter, and the husband had all contributed to the purchase of N. The reason for purchasing N was because the children had been distraught after the loss of their previous dog. The wife claimed to be N’s registered keeper, that she had registered N at the Kennel Club and paid for her general upkeep.

The judge in this case reminded herself that N is legally a chattel and said that the question to be determined was principally looked after N now, not who purchased N or had previously cared for her. Ultimately, as the wife had been caring for N for the past 18 months(which is a significant period of time in a dog’s life) and was someone who understood dogs and was compassionate towards them, the judge determined that N should remain with the wife.

The above case shows that the judges in the family law courts ultimately have discretion as to ownership and the living arrangements of any pets. However, this does not change the fact that pets are legally still chattels. The law in Spain has recently changed so the pet’s welfare has to be considered. The courts in France also no longer see pets as chattels. In England and Wales, support is rapidly growing for legal reform to ensure pets are no longer seen as personal belongings in family proceedings and a Pets on Divorce working group has very recently been formed with this aim in mind.

Until then, if you are concerned about the arrangements for any pets you have in the event of a divorce, you should consider entering into a ‘pet-nuptial’ agreement (or pet-nup for short).Pet-nups are similar to pre-nuptial agreements (see also: Why having a prenup can be beneficial) and can help settle any arguments about your pets living arrangements before they begin. They are not legally binding but can detail any important aspects of caring for your pet(e.g. their food, medical decisions, insurance payments) and their living arrangements. Provided it is a well thought out document it will be taken into consideration by the court. Without one, the court may deal with your pet as though they are a chattel, and it is very much up to the discretion of the judge hearing your matter.

If you require advice on the arrangements for your pet(s) on divorce, pet-nups or pre-nuptial agreements generally, please email vikkiechetcuti@burgessmee.com.

*Which should be easy enough to remember.

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