According to the latest PDSA Animal Wellbeing Report, over half of UK households have a pet, with dogs and cats being the most common. For many couples, their dog or cat isn’t simply a pet; they are seen as a beloved member of their family and emotional anchor. Therefore, when it comes to divorce or separation, determining who gets the family pet can be particularly contentious.
What the Law Says: Pets as Property
In England and Wales, pets are treated under the law as personal property, much like a piece of furniture or a car. This legal classification means that, during a divorce or separation, decisions about pets are often approached from the standpoint of ownership.
Under the Matrimonial Causes Act 1973, animals fall into the category of “chattels”, a term that does not take into consideration the depth of our emotional connection with them and the impact on separating couples. The courts may consider:
- Who bought the pet
- Whose name is on the microchip or veterinary records
- Who has paid for the pet’s care
- Who has been the primary caregiver
But, of course, love and responsibility cannot just be proven by receipts or vet bills. One partner may have bought the dog, but the other may be the one who walks, feeds, and takes care of it every day. This is when things become far more complicated and emotionally charged. For further related information, read our previous article, which covers some frequently asked questions, such as:
- What Counts as Proof of Pet Ownership in the UK?
- How do you resolve a Pet Ownership Dispute?
Read it here: Dog Ownership Disputes: Who Gets the Dog in a Separation or Divorce?
Notable Pet Ownership Case: FI v DO (2024)
Despite the current legal classification of pets as ‘Chattel’, a recent family court case highlights a new shift in judicial awareness about the emotional and practical realities of pet ownership. In FI v DO [2024] EWFC 384, the District Judge awarded the couple’s dog to the wife, despite the husband having purchased the dog. The decision focused on who had been the primary carer, the one providing food, exercise, companionship, and emotional support. However, it’s important to note that this was a first-instance decision, meaning it isn’t binding on future cases. Each case will still be treated individually, with no legal precedent to guarantee a similar outcome.
Dog Ownership Disputes
At Rose & Rose Solicitors, we understand the emotional bond you share with your pet and recognise how they are considered an important part of your family, rather than “just property.” If you are facing a separation or divorce and have concerns about the future of your pet, we are here to help. Our family law team and dispute resolution specialists, with expertise in handling dog ownership disputes, can provide the legal guidance you need. Contact us today for a confidential consultation.
Family Law Solicitors
We have expertise in all areas of family law, including divorce, financial settlement, child law, and separation agreements. Our dedicated family law solicitors can also help with Cohabitation Agreements, Pre-Nuptial Agreements and information regarding Pet Nuptial Agreements. This document sets out a couple’s agreement for the arrangements for their pet if they were to separate.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors
