Understanding how UK law treats pets in divorce
Pets are a beloved and central part of family life in the UK, and decisions relating to pets on divorce can be challenging. Questions such as who will have the pet, whether pet expenses will be shared, or whether the pet will move between homes are all difficult decisions for divorcing couples to agree.
How does UK law view pets in divorce?
Currently, UK Law has a limited view of pets and treats them as personal property in divorce proceedings. This means that the Court has the power to make property transfer orders and orders for sale in relation to pets, but only in the sense that they are a chattel. Undoubtedly, this current approach ignores the inherent value and attachment that parties hold for their pets. Whilst there have been significant campaigns for the law to change in this regard, no change has been made to date.
What do judges consider when deciding pet disputes?
Whilst the law has not changed to reflect modern society’s love for pets and increased concern for animal welfare, some judges have sympathies for divorcing couples wishing to sort out pet arrangements.
- The first consideration for judges in divorce proceedings is child welfare. This means that judges can consider any particular attachment or relationship between a family pet and child and can consider the child’s welfare to make a decision relating to a pet.
- Judges have also been seen to look beyond strict legal ownership and consider which of the parties has been the practical care giver of the pet. This means that whilst one party may have purchased the pet, if the other party was responsible for day-to-day care of the pet, they may be successful in retaining the pet on divorce.
Nevertheless, whilst individual judges have shown some sympathy in this respect, the approach of the law remains that pets are personal property and should be treated as such
How other countries approach pet disputes
Other jurisdictions have adopted a more pragmatic, welfare-centred approach to the issue of pets on divorce. In particular, Australia recognises ‘companion animals’ and there are a number of factors that Australian courts must consider when a divorcing couple have a dispute over a family pet. Australian law has provided a significant status change for family pets, and it means courts have the power to make both interim and final orders in respect of pets.
In Portugal, divorcing couples must declare any family pets when they submit their divorce application. This is beneficial as it focuses the minds of the couple in respect of pet arrangements right at the beginning of the divorce process.
The UK’s law currently falls short when compared to the successful frameworks of other jurisdictions in respect of resolving pet arrangements on divorce.
Can couples plan ahead with a ‘pet-nup’?
Nevertheless, divorcing couples in the UK still have the option of deciding these matters by way of a pre-nuptial agreement, commonly referred to as a ‘pet-nup’.
‘Pet-nups’ can be drafted as part of a pre-nuptial agreement that also deals with other matters such as finances, or it can be drafted as a standalone document. Whilst pre-nuptial agreements are not legally binding, their contents will be persuasive when presented to a judge. It is recommended that all ‘pet-nup’ agreements contain an arbitration clause that both parties will agree to attend mediation or arbitration in the event there is a dispute in respect of the pet.
Resolving pet disputes through mediation or arbitration
Due to the UK Law’s current stance that pets are personal property, mediation and arbitration can be a cost-effective and productive mechanism for dealing with pet disputes on divorce. Couples wishing to use mediation for pet disputes should find a pet friendly mediator, who is experienced in these disputes, to help them work through to an agreement. Arbitration is an alternative option for couples who do not wish to use a mediator.
Whilst UK Law does not yet recognise family pets as anything beyond personal property, utilising ‘pet-nups’ and mediation/arbitration are useful mechanisms to reduce the tensions inherent with agreeing pet disputes on divorce.
Speak to our Family Law team in Dorset
Separation is never easy, especially when pets are part of the family. Our Family Law solicitors across Dorchester, Bridport, Weymouth, and Portland can guide you through your options with understanding and care.
Call 01305 771 000 or get in touch.
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