Family Law: How are pets handled in a divorce settlement?

Pets are more than just animals – they are part of the family. When a marriage breaks down, deciding who keeps the pet can be an emotional and challenging issue. Unfortunately, the law does not recognise pets in divorce proceedings. Instead, they are legally considered chattels, meaning they are treated like possessions such as cars or furniture. This means the law looks at who legally owns the pet rather than who has the strongest emotional bond.

Several factors can influence who keeps the pet, including:

• Legal Ownership – The court may look at who bought the pet, whose name is on its microchip, and who has covered vet bills and insurance.
• Primary Caregiver – While legal ownership is important, evidence of who provides daily care (feeding, walking, grooming, and vet visits) may also be considered in disputes.
• Children’s Best Interests – If the couple has children who are attached to the pet, the court may decide to place the pet with the parent who has primary care of the children.
• Financial Ability – Pets can be expensive. If one party is better able to afford the pet’s ongoing care, this might be a factor in the decision.

Unlike child arrangements, UK courts do not order shared custody of pets. However, couples can agree to an informal arrangement where both parties have time with the pet. If both parties are open to this, it can be outlined in a Pet Agreement to avoid future disputes.

An informal written agreement can set out who will keep the pet, how costs will be handled, and whether any shared arrangements will take place.
If an agreement cannot be reached, one party may need to prove legal ownership in court. Evidence such as receipts, microchip registration, pet insurance documents, and vet records can help support a claim.

However, court proceedings over pet disputes can be costly, and there is no guarantee the outcome will favour emotional attachment over legal ownership.

Seeking legal advice can help you understand your rights and negotiate a fair outcome. At T + H, we help clients navigate divorce settlements, including resolving disputes over beloved pets.

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