By Hasnain Arshad at Howell Jones LLP
Divorce can be an extremely emotional process with disputes arising on how assets will be distributed. For many pet owners in the UK, the big question is who will get to keep your furry loved ones.
Statistics indicate that disputes over pets are extremely common, and it affects one in four divorces.
As a pet owner, I regard them as part of my family and not just possessions. So how do the UK Courts handle the dilemma and what protections are available for their loved ones during a divorce?
The Legal Status of Pets in the UK
Under the current laws, pets are treated as personal property which means they are classed the same as furniture or your car. Courts do not recognise such arrangements or consider the pet’s welfare in the same way they might for children.
Ownership of your pet typically depends on
- Proof of ownership: who purchased or adopted the pet, who’s name is on the microchip, vet records and adoption papers
- Financial Responsibility: Who has been paying for the pet’s maintenance such as food, vet bills and insurance
- Agreement between the parties: If there is an agreement in place on who keeps the pets on divorce
- Practical Arrangements: The Court might assess which party is in a better place to care for the pet
Family Courts tend to prioritise more significant matters, like finance and children. They might be reluctant to get involved in pet related disputes due to the substantial costs and extreme delays in the Court system.
Tips for resolving pet disputes during a divorce
- Create a pet agreement: The document can outline what will happen with your pets if the relationship breaks down
- Mediation: A mediator can help couples reach an agreement without resorting to Court
- Put your pets first: Consider what’s best for your pets. Stability is crucial for their wellbeing and who would be able to provide consistent care
Divorces are hard on everyone involved, including pets. While the current legislation treats pets as property, they are much more than that to people who love them. By focussing on your pet’s welfare and taking proactive steps to prevent disputes, couples can navigate this challenging time with compassion and fairness.
If you’re facing a divorce and worried about your pets, seek legal advice early and consider mediation to resolve pet disputes amicably. After all, our feline friends deserve stability, love and care.
Please feel free to contact our award-winning Family Law Solicitors on 01932 507070 to receive expert advice.
