Deciding who will keep a family pet on divorce or separation can be a contentious issue. Along with making arrangements for children and making a financial agreement, negotiating who gets custody of the dog can be one of the hardest aspects of ending a relationship.
It is estimated that 31% of UK households have a dog, while over a quarter have a cat. With animal ownership on the rise, family lawyers are increasingly being asked to help individuals retain custody of beloved pets, particularly dogs.
We take a look at what the law says and how to try and agree on a way forward when working out who will care for your pet in the future.
Who Gets the Pet in a Divorce According to the Law?
The law regards all pets as ‘chattels’ or possessions. This means that they are owned in the same way as other items and if the court is asked to decide, it will take a range of points into account, including:
- Who purchased the dog or other pet
- Who pays for the insurance, vet bills and other costs
- Whose name is recorded against the microchip, if it is a dog
Deciding Who Should Keep a Pet on Divorce
Wherever possible, you are strongly advised to try and reach an out-of-court agreement. This will generally be a faster and more cost-effective option. It also allows you to tailor the solution to suit your circumstances.
What Happens to Pets During the Divorce?
The key points to consider in trying to agree on where a pet should live during and after a divorce are:
What is Best for the Dog or Other Animal?
Dogs in particular have a range of needs, including exercise and company during the day. However hard it may be, try to consider what will genuinely be better for your pet. If one of you is around more, it will usually make sense for them to have the dog or other creature.
It is often not recommended to move a dog between two homes. This can be stressful for them and can result in behavioural problems. If this happens, there is a risk that each party could blame the other for issues that arise and the situation could deteriorate rapidly.
When deciding who will keep the pet, you should also take into account expenses such as insurance and veterinary bills, which can run into thousands of pounds in the case of dogs.
Can the Person Without Pet Custody Have Access to the Pet After Divorce?
If your pet is a dog, the person without their day-to-day care could pick the dog up for regular walks if your relationship is amiable enough that you can manage the handover. They could also agree to be on hand for holidays so that the dog can stay with them instead of going into kennels.
Putting Your Agreement in Writing
If you can agree on a solution, it is crucial to put this into writing. This can prevent misunderstandings and disputes arising in the future. Include any details that you have discussed, such as who will pay for food and veterinary care and, if one party will be taking the dog for walks, what snacks or food the dog can be given during this time.
What Happens If You Cannot Agree on Custody?
If you cannot find an amicable solution, the next step is usually to speak to an experienced family lawyer who will be able to go through your options with you. They will be able to negotiate on your behalf to try and find an acceptable outcome.
If an agreement is still not possible, you can consider mediation. This is generally a legal requirement before you bring a family court case. A neutral mediator will work with you both to try and find a solution that you are both able to agree upon.
Where this is not successful, then the courts can be asked to decide. The judge will mainly look at the legal ownership of the pet and not its welfare, because in law it is considered a chattel or possession.
Contact Our Family Law Solicitors
We often represent pet owners in trying to reach an acceptable agreement over dog custody and other issues in divorce and separation. We understand how important it is to you to keep your pet and we will provide robust representation to secure you the outcome you need.
If you would like to speak to one of our expert family lawyers, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you
