Who Gets the Family Pet After Separation?

Many families and homes in England and Wales house domestic pets, and the question of ‘who gets the dog?’ (or the cat – not to discriminate) is being asked more frequently in divorce and separation cases. Historically, the legal system would not get involved in such disputes, but the matter is now cropping up more frequently, with more Judges being confronted with the question. We now see this regularly in the media, with celebrities such as Johnny Depp and Amber Heard having battled for custody of their two dogs following their separation in 2016/2017.

Legal Treatment of Domestic Pets

Many people hold their pets as dearly as they would children. Whilst child arrangements following divorce and separation are usually dealt with under the Children Act 1989, a domestic pet is not treated the same way as children, and is instead legally considered by the courts to be a form of property. This means that ownership of a pet can be transferred from one party to another, by agreement or by court order. This makes things simple when parties agree as to who should take the family pet, but it can pose difficulty in cases of dispute.

Court Involvement and Non-Court Dispute Resolution

The courts stand reluctant to get involved much further than the implementation of a court order, which has been pre-agreed by the parties when it comes to a custody battle over a family pet. Parties are instead strongly encouraged to settle disputes over their pets through non-court dispute resolution methods such as mediation.

Considerations for the Court – Facts, Agreements and ‘Pet-Nups’

In the rare event that no agreement can be reached between the parties and non-court dispute resolution is either inappropriate or unsuccessful, the court may, at its discretion, become more actively involved. As a domestic family pet is considered to be property under English law, the courts will consider similar factors to those it considers when handling any other type of property, such as who purchased the pet, who paid the vet bills, and who is registered as the pet’s owner. It is therefore advisable for pet owners to give careful consideration to the ownership and registration of the pet when the pet is obtained, before any contemplation of relationship breakdown.

In recent years, a trend has been seen towards taking out a sort of ‘pre-nup’ (pre-nuptial agreement) concerning family pets, commonly referred to as a ‘pet-nup’. Although pre-nuptial agreements are not enforceable by the courts in England and Wales, the courts may, at their discretion, consider them in any decision concerning ownership of assets. This extends to so-called ‘pet-nups’ as well.

Although the courts can and sometimes do get involved in the ownership of a pet, it should be noted that they are often unwilling to do so. This can be seen in the case of RK v RK (2011) EWHC 3910 (fam), in which the court did not consider it appropriate to make any order in respect of the parties’ dogs. In such a case, the courts may refer the parties to specialist mediators with experience in mediation concerning pets.

Can Maintenance be Ordered for a Pet?

Another question which is now more frequently being asked upon divorce and separation is whether maintenance can be ordered or agreed for a pet in the same way it can be provided for a spouse, a child, or other dependant of the family. There is currently nothing in place that allows the courts in England and Wales to order maintenance to be paid from one party to another, specifically for the maintenance of a pet. Despite this, the costs of housing a pet may be factored into the income needs of the party who is to keep the pet as part of the overall financial remedy. There is also nothing to prevent maintenance for a pet from being mutually agreed and arranged between both parties at their will.

How Forbes Can Help You

If you’re separating and are unsure what will happen to your family pet, our Family Law team can provide clear, practical advice to help you reach the best outcome - whether through agreement, mediation or court proceedings where necessary. To start our enquiries process, you can contact Forbes Solicitors online via our website and a member of the team will be in touch to arrange an initial consultation by telephone, video call or in person. Alternatively, call us on 0800 689 1058.