Pets Within a Divorce

At MJP Law we are great lovers of our pets and we know that we are not the only ones. If you are going through a divorce or separation you may have concerns about what arrangements will be made for your furry friend. With nearly 20 million cats and dogs living in UK households, it is no surprise that arrangements for pets upon divorce have become increasingly popular.

The Law on Pets and Divorce

In England and Wales, pets are considered ‘personal property’ rather than living and sentimental beings and will therefore be treated as any other ordinary assets, such as a car or a mobile phone. The Courts will therefore not consider the wellbeing or best interest of pet when deciding provisions on who a pet should live with. Instead, they will look at who the ‘legal owner’ of the pet is, they do this by looking at who rescued or purchased the pet, whether the pet was gifted and who makes financial provision for the pet, such as paying for food and any insurance. You may be required to submit evidence such as whose name is registered at the vets, on the microchip database, on the insurance and on any rescue or purchase contracts.

Shared Arrangements

You may wish to enter a “shared arrangement” where both you and your partner spend time with your pet, such as a “shared custody”. This is not something that the Courts would grant but it may be possible to reach an agreement through direct discussions with your partner or if this fails, through mediation or solicitors negotiations. Any agreement you reach can then be recorded as a recital in a Financial Consent Order or Deed of Separation.

Pet-nups

If you and your partner have a pet and would like to avoid distress and contention in the event of a relationship breakdown, we highly recommend that you consider a “pet-nup”. This agreement will legally record who “owns” the pet and who will be responsible for them in the event of a relationship breakdown. If you are not married and do not plan on getting married, this can be recorded in a cohabitation agreement.

How MJP Law Can Help

At MJP Law we understand that pets are members of the family and are much more than just ‘cattle’ and ‘personal possessions’. We can advise you on the best way forward for you and your pet and can negotiate an agreement with your partner or their solicitor on your behalf and where necessary, issue Court proceedings. If you would like to speak with any of our Family Law experts please contact our team on

01202 842929 or family@mjplaw.co.uk and they will be happy to assist.

If you need support or advice on raising your pets visit www.dorsetdogs.com or like their Facebook page where you will find lots of insightful advice.