When a couple decides to divorce it's not just their assets and finances that need to be shared – family pets are increasingly becoming a significant part of the equation. Many couples consider their pets as beloved members of the family and deciding where they live can be an emotionally charged and legally complex process.
In England and Wales, pets are treated at law as property, subject to the same principles as other assets or 'chattels. As such, the family court need not consider a pet's welfare or preferences, making pet-related disputes challenging and often incredibly upsetting for their owners/parents.
There are a number of ways to lessen the distressing impact of pet-related disputes.
- Pre-nuptial or Pet-nuptial Agreement
Prenuptial agreements, or even freestanding "pet-nups", can set out a couple's agreement as to the arrangements for their pets in the event of relationship breakdown. The agreement can deal with the right of ownership, living and care arrangements post-separation and payment of ongoing expenses such as vet bills.
Like prenuptial agreements, a pet-nup may not be upheld by the court on divorce if challenged by your former partner but the significance of a properly recorded agreement is a relevant circumstance of the case, and will be taken into account by the judge as one of the factors to be considered when reaching a decision as to with whom a pet should live post separation.
- Mediation
Mediation is a voluntary, confidential process within which couples can explore any number of issues relating to relationship breakdown and consider creative solutions (that a busy judge may be unable to conjure up or imagine) that can then be agreed and detailed in a final settlement.
Mediators are independent and neutral and are there to help a couple explore options in a confidential setting. A good mediator will facilitate a conversation between a separating couple, encouraging a constructive dialogue as they look to explore agreement.
- Court
The last resort for separating couples is to apply for a judge to determine the matter on their behalf. Either party could apply for "Financial Remedies" on divorce, to include an application for a property transfer order. Within such proceedings, a judge could be asked to determine how to share the ownership of a pet and any associated costs.
In making a decision, the court will consider factors such as:
- who paid for the pet,
- who the pet's registered owner,
- who pays for the pet insurance.
Whilst the court does not currently take into account a pet's best interests, it is required to consider the welfare of any children of the family when considering how a couple's assets should be divided. This could be relevant where a child has a close bond with a pet, and separating the child from the pet could have a detrimental effect on the child's welfare.
Summary
When it comes to divorcing in England and Wales, family pets can be
a contentious issue. While the law treats them as property, the
relationship between pets and their pet-parents can often lead to
emotionally charged disputes.
We would recommend that if you are separating from your partner and there is a likely to be a dispute about a pet, you seek specialist legal advice from a family lawyer who will be able to explain your options in detail and offer advice about what the likely outcome might be.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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