"We both want the dog!" - who keeps your pet when you separate or divorce?

As a nation of pet lovers, you may expect there to be clear rules about what should happened to a family pet when a relationship comes to an end.  Sadly, this is not the case, and pets are treated as chattels – the same as any other personal possession or property – meaning that they are kept by whoever owns them if no agreement can be reached.  That being said, that’s not always the right decision for your animal.

Should I get a Pet-Nup?

One way to try and avoid any future dispute is to think this issue through when you decide to get a pet together – the Blue Cross have recommended a “pet-nup” – essentially an agreement which sets out what will happen in the unfortunate circumstances of your separation.

Whilst it is always sensible to think these things through, and to do what you can to try and avoid arguments in future, these documents are not legally binding, and whilst they would show a clear intention at the point of purchase or adoption, the Court is very unlikely to decide that they must be upheld to the exclusion of all other factors if you can’t agree.

Any prior agreement should be taken into consideration, but in just the same way as a pre-nuptial agreement is not always binding on the Court, a pet-nup is merely one of a number of factors that can be taken into account.

What if we don’t have a prior agreement?

Sometimes, the right solution is obvious – if you are choosing to move into a small flat, taking the Great Dane is unlikely to be practical, but more often than not, you both want to keep your beloved animal.  If you bought the pet, and they are registered to you, this is a clear starting point that you should keep them, however that is not necessarily the right outcome.  Consider, for instance:

• Did one of you gift the animal to the other, or do they have a clear bond with one of you, that they don’t with the other?
• Does one of you work from home, providing much needed company for an elderly cat?
• Has one of you always been responsible for walking your excitable puppy, taking them to the vet, and making sure that they are groomed regularly?
• Which of you is better placed to provide the best quality of life for your pet going forward?
• And of course, if you have children, would it be best for the pet to be wherever they are going to live?

The courts will rarely become involved in issues of pets – large or expensive animals such as horses may influence a financial settlement if one of you needs a specific type of accommodation in future, but as a general rule, the “average” family pet is not something that a Judge will consider when making an Order as to how a dispute should be resolved.

The best advice, if you do not have a pre-existing agreement in place that you are both willing to honour, is to apply common sense, think about what is best for your animal, and your own personal circumstances, and as hard as it may be, to make sure you put their interests ahead of your own to save yourself the excessive cost and heartache of legal proceedings that are unlikely to give you the resolution you are seeking. 

Can we share the pet?

There is no reason why you and your former partner can’t reach a creative solution – perhaps agreeing that the pet will move with the children between the two of you, or one of you will walk them regularly, or look after the pet if the person keeping them goes on holiday – pets are part of the family, and you need to find a solution that works best for you and them.

Will my lawyer help me sort this out?

A family lawyer will be able to provide you with comprehensive advice in relation to your specific circumstances, but you should always have one eye to your costs and we would advise a proportionate and common sense approach that prioritises what your pet needs in future.

If you would like to speak to any of our family lawyers (all of whom are dedicated pet owners themselves!) get in touch with out family team.