What happens to my pet on divorce

A pet is often seen as an integral part of a family – but, in the eyes of the law, household pets are treated only as property.

What happens if there is a dispute?

If there is dispute about ‘who should have the pet’ upon divorce, it is highly unlikely that any court will become involved in a dispute about a pet and or contact with a pet. Most disputes will have to be resolved between parties, which could be difficult in itself, depending on the circumstances.

Whose money was used to purchase the pet and whose money has been used to maintain the pet are often the starting points in any negotiations. In England and Wales, there is very little room to move away from this initial position - unless it can be proven the pet was given to one party as a gift.

Can we share care?

There is always the option of trying to share care of the pet. However, the practicalities must be thought through in these situations. Do you still want contact with the other party? Who should finance the care? What will the arrangements be and what happens if this has to be changed?

Will the law change?

Currently, there does not appear to be any move in England and Wales to change the current legal position. However, some may hope that one day the courts here take the approach of that of a court in Alaska in 2017, whereby the dispute was not only dealt with in court, but it was ruled that the welfare of the dog should be taken into consideration.