Who gets the dog in a divorce? How to avoid a ‘bone’ of contention over ownership and custody arrangements
When it comes to divorce, who gets the pets can turn into a real cat fight, as a case from the courts in December 2024 illustrates. The name of the case – Fi v Do may raise a smile at the reference to a common dog’s name, but behind it lies a serious issue.
Jessica Rush, Associate, Family Law Team, at Howard Kennedy LLP says: “Furry, scaled and feathered creatures are often more beloved by a family than any other asset. But in legal terms, they are a chattel, giving them the same status in divorce as a car or a designer handbag.
“Legal ownership sits with the person who purchased the pet, although the court has the power to transfer ownership as part of the settlement, as with any other asset.”
However, in this divorce case, both parties claimed to have purchased the golden retriever puppy. Following the separation, the dog remained with the wife but was subject to a dog-napping attempt by the husband.
The judge considered the competing claims of the parties and ruled that the dog should stay with the wife. He said the fact of who purchased the dog was ‘not as important’ as who the dog sees as its carer.
Despite this approach, judges may be reluctant to get drawn into arguments over pet welfare. However, many European countries take pet sentience and wellbeing into account. France, Spain and Portugal have all updated their laws to consider emotional attachments.
One way to reduce these disputes is by agreement over what happens to a pet in the event of separation or divorce. A ‘petnup’ can specify how much time the animal will spend with each party, the division of costs for upkeep, insurance and food.
Although no nuptial agreement is 100% binding on English law, courts may look favourably on an agreement.
There are no exact figures for how many UK couples have pet agreements, but a survey by the Direct Line Group in 2022 suggested that around 24million people would consider a petnup , with family lawyers reporting a 24% increase in requests for these agreements in the three years prior to April 2021.
While petnups are becoming more common, only about 25% of cohabiting couples have them. One difficulty is that while people often see a pet as part of their family, in legal terms they are still considered a possession, despite the Fi v Do.
An alternative is arbitration or mediation at the point of separation to resolve any dispute over animals. This is usually more expensive than drawing up a ‘petnup’, but cheaper than court proceedings.
Jessica Rush adds: “One way to reduce the risk of a dispute is to agree beforehand who will keep a pet in the event of separation or divorce.
“The petnup can be a stand-alone agreement – perhaps at the purchase of a new puppy or kitten – or a clause in a pre- or post-nuptial agreement.
“Even if the courts are more willing than formerly to consider pets’ welfare on marital breakdown, there is no guarantee that their wellbeing will be the driving factor on any decision in divorce, so a petnup provides valuable assurance that there will be a positive outcome for good boys and girls.”
And, as a cautionary warning, divorce can often lead to a pet being removed from both parties. 41% would consider giving their pet to a friend or family member, while 25% would think about giving the pet to an animal rescue centre.