3 out of 10 couples are choosing to have a pet before starting a family. With parenthood being put on the back burner, it’s not uncommon for pets, rather than children, to be the main point of contention during a divorce or separation.
In the past few years, disputes over pet ownership have been on the rise. That is why Qarrar Somji, Director and Solicitor-Advocate at Witan Solicitors, is urging couples to consider signing a “pet-nup” to spare them the heartbreak of an ex refusing to return a beloved pet that legally isn’t theirs.
What Does The Law Say About Pets?
Somji explains, “Disagreements over pets are becoming increasingly common in separations and break-ups. For many, pets are more than just companions; they’re family. But when relationships break down, the law does not view pets in the same way it views children.
“Even though the Animal Welfare (Sentience) Act 2022 recognises pets as sentient beings, they are still treated as property. This mismatch between the emotional and legal reality leaves a grey area that can land people in serious trouble if they hold onto a pet that legally isn’t theirs, or cause devastating heartache for owners who are unable to get their pets back.
“When it comes down to it, courts will look at ownership, not who the pet prefers or who is the primary carer. Generally, proof of purchase is the strongest indication of legal ownership. It’s also important to keep in mind that microchips identify a keeper but not the owner. For example, vets can update records at the keeper’s request, but that does not change who legally owns the animal.
“Refusing to return a pet can amount to wrongful interference or conversion, both of which are legal grounds for demanding the pet’s return, under section 3 of the Torts (Interference with Goods) Act 1977.”
What Is a Pet Prenup?
To avoid disputes, it’s a good idea to prepare a written agreement that sets out:
- Who paid for the pet
- Who the pet is registered to
- Who the microchip is registered to
- Who is registered as the owner at the vet
- Who pays for what, including pet insurance and vet bills
- What happens to the pet if the relationship ends
- Contact or visitation arrangements
“It’s worth noting that while pet prenups are not automatically legally binding in England and Wales, they may be recognised in court if they are well-prepared and both parties entered into the agreement willingly. Prevention is far better than cure, and having an agreement in place can save you a lot of time, money and heartache,” Somji adds.
Case Study
A recent case dealt with by Witan Solicitors highlights how quickly a seemingly amicable arrangement can deteriorate.
- In 2023, Ella purchased a cat for £200 from an online marketplace. She paid for the pet entirely by herself, with no contribution from her then partner, Matt.
- She later left the UK for a year abroad, and her partner agreed to care for the cat temporarily
- The couple separated amicably in early 2024, with both parties agreeing to revisit the cat’s arrangements upon her return
- Over the following year, Matt became increasingly unresponsive
- When Ella returned to the UK in 2025 to collect her cat and belongings, he avoided her and later refused to return the cat, despite her offer to reimburse more than £1,000 in care-related costs
- After further attempts at communication failed, Ella instructed Witan Solicitors, who prepared a claim under the Torts (Interference with Goods) Act 1977 for wrongful retention of personal property
The dispute was ultimately resolved without going to court, but the case demonstrates the emotional and financial toll caused when there is no formal pet ownership agreement or pet prenup in place.
What To Do If Your Ex Won’t Return Your Pet
If you’re facing a similar situation, Somji is sharing the following tips.
1. Gather proof of purchase
“Receipts, bank statements, adoption papers, or messages with the original seller are key to proving legal ownership.”
2. Document all communication
“Messages showing temporary care arrangements or promises to return the pet can strengthen your claim if your former partner refuses to hand over your pet.”
3. Resolve the matter amicably
“Generally, courts look favourably on owners who act reasonably and try to resolve matters amicably before going to court. For example, if someone cared for your pet during a temporary arrangement, offering to cover reasonable expenses can strengthen your legal position.”
4. Don’t confront your ex
“It’s not wise to try to take your pet back without consent. Not only can this escalate matters, but it may also impact you and your pet’s safety”
5. Seek legal advice early
“A solicitor can send a formal Letter of Claim. In most cases, this leads to a resolution without having to go to court.”
Notes to Editors
Pseudonyms have been used throughout the case study to protect the anonymity of the client and those involved in the case.
