Pets on Divorce: Who gets the family pet?

What amounts to ‘ownership’?

There is no one single piece of evidence that conclusively proves who owns a pet. The court will consider a variety of information when determining pet ownership.

This includes:

• Was the pet bought prior to the relationship or during the course of the relationship (and if the latter, were you living together at the time).
• Who bought the pet.
• Who is registered on the microchip database (if applicable) and whose name is recorded at the vets.
• Who is registered on the insurance certificate.
• Who pays the day to day expenses for the pet.
• Was the pet bought as a gift.

What if our pet is owned jointly?

Where a pet is owned by both parties, the court may consider ordering that the pet is to stay in the family home, shall stay with children or, in certain circumstances that the fairest outcome is for the pet to be sold. However, if you and your partner enter into a pet-nup which states that on separation both parties would like time with the family pet, this can be arranged.

Is it possible to transfer ownership of the family pet?

Where parties cannot agree on who will own the family pet, the courts will determine who has ownership documentation and will rule in their favour. There is also no legal requirement that the legal owner give the non-legal owner access to the pet.

In some cases, ownership of the family pet can be resolved by transferring ownership between the parties, sharing ownership and sharing costs. Courts can order transfer of ownership, in the same way as any other marital possessions.

What if we cannot reach an agreement?

The best approach is to try to agree how to deal with pets on divorce. If you and your partner cannot reach an agreement about the family pet directly, you should consider mediation. This is where you both meet with an impartial third party to help you resolve the issue. If mediation does not work, the pet will be considered as part of the overall financial settlement.

If there is a dispute over a pet in court, the court will consider who the rightful owner of the animal is based on who bought it and who has paid for its upkeep such as food, insurance, and veterinary bills. The court will also take into account whether or not the pet was bought as a gift for the other party. However, the court does not have a duty to take into account who has handled the majority of day-to-day care for the pet nor will the feelings and best interests of the pet be taken into consideration. If one party bought the pet before the commencement of the relationship, they will keep the pet upon separation.

It's also not uncommon for the court to instruct the couple to attempt to reach a mutual decision and, if they are unable to and it is found that the pet has substantial monetary value, the court can order the animal be sold and that the proceeds be split equally between the parties.

What about cohabiting couples?

Whilst cohabiting couples do not have the same rights as married couples, they can secure their assets on separation by entering into a cohabitation agreement, in which your pet could be included.

Further information

If you are going through a separation, or are thinking of buying a pet if your spouse and would like to know more about pets on divorce, please contact our specialist family law team.