Animals are often considered part of the family, so when a marriage or partnership breaks down, deciding who keeps the dog, cat or other pets can be an emotive issue. Unlike child custody, there is no specific framework for pet arrangements if you get divorced, so it is advisable to have legal support when negotiating what happens to animals you own or share.
Here are some key things to know about pet access after divorce and your rights.
Are pets considered ‘property’ in a divorce?
During divorce proceedings, pets are legally referred to as ‘chattels.’ This means they are considered personal property under family law in this country. Although animals often mean much more to couples than just ‘property’, legally, they are viewed in the same category as belongings like cars and other assets in need of division.
While the standard legal approach may feel cold to pet lovers who have real emotional ties to their animals, it is important to know they do not have the same legal status as children, setting your expectations about the process. If you have a pet, talk about this in your first divorce solicitor meeting to ensure your concerns are heard and that they advise on your rights sensitively and realistically.
Who keeps the pet after divorce?
Who gets to keep pets on divorce will often come down to who is the legal owner. For example, one party may have receipts or adoption paperwork with their name on. The courts may also consider who is the primary carer for the pet, such as feeding, walking, veterinary care and general welfare.
In the case of jointly owned pets, couples are often encouraged to find amicable arrangements between themselves or via a mediation service.
What happens if there is a dispute over pet ownership?
If an agreement on pets cannot be reached, court intervention may be required, but this is a more costly and time-consuming route. Since pets are legally considered property, courts usually look at ownership and primary care rather than emotional bonds. Therefore, it is often better to reach an agreement amicably to consider all factors.
Can you share custody of a pet?
Courts do not order ‘shared custody’ of a pet as they do for children, but couples are welcome to work out an informal care plan for their animals if both parties want access. This could include an agreement on where pets will live, visitation and how to divide costs like food and vet bills. While these agreements are not legally binding, it can help to avoid future disputes, especially if you include them in a formal settlement or consent order.
Contact Bellwether Solicitors today – your friendly family law experts
Bellwether Solicitors provides family law services, advising on all aspects of divorce, including pet access rights. We work across Cheam, Kingston, and surrounding areas like Carshalton.
For an initial consultation, contact us here.
