As a dog owner myself I am all too aware of how integral a pet can be to family life, but what happens if the relationship breaks down? I set out below the answers to some of the more commonly asked questions.
What happens to the family pet on divorce?
A pet will be treated as an item of personal property such as a piece of furniture or a television. In the event of a dispute, it could boil down to who purchased the pet, whose name it is registered in or who has financially maintained the animal.
What if I am the one that has always looked after it or could provide a better home for it?
Unfortunately, this is not something that will generally be prioritised by the court above a parties’ financial connection / legal ownership of the animal.
How is that fair?
I personally don’t believe it is fair, but this is the current approach and is likely to remain the case for the foreseeable future.
Are there any other circumstances that may influence a court’s decision?
If the pet was received by one party as a gift this would be something the court would consider. Furthermore, in circumstances where a child has a particularly close bond with a family pet, it could be argued that separation from the pet may have a detrimental impact on their welfare. The welfare of a dependent child is a paramount consideration for the court in every case.
What can I do if we don’t agree on who keeps the pet?
In a situation where the parties disagree in respect of the ownership of the family pet, they should first attempt to resolve matters outside of court by way of negotiations through solicitors, mediation or arbitration.
Court proceedings should only be pursued as a last resort, when all other avenues have failed. The risk in such cases is that proceedings are likely to be disproportionately expensive. In fact, one of the reasons there is unlikely to be reform any time soon to the way in which the court categorises a family pet is the risk that it could lead to an influx of protracted proceedings.
In financial remedy proceedings following a divorce, the court only has a limited amount of time to hear arguments and resolve financial matters; it has to prioritise the larger fundamental issues in the case.
Can my ex-partner be forced to contribute financially towards our pet post-separation?
The court will consider a party’s financial needs (and the other party’s ability to pay) when calculating the appropriate level of any ongoing financial support. The costs of maintaining the family pet are something that will be considered in that regard. Each case is different however and the quantum / reasonableness of ongoing financial support will be assessed on a case-by-case basis – for example the cost of maintaining a horse will obviously be substantially higher than a domestic pet.
What can I do to protect myself or prevent a dispute in the future?
If you are in the process of preparing a cohabitation agreement or a nuptial agreement (pre or post) it is sensible to make a provision for ownership and financial responsibility of the family pet.
Something that is becoming more and more common however is the preparation of a standalone document to deal specifically with the family pet, generally referred to as a “pet-nup”.
What is a pet-nup?
A pet-nup is an agreement between the parties setting out the right of ownership together with the arrangements for the on-going care and who will be responsible for meeting any expenses associated with the pet, such as food, insurance and vet bills. A pet-nup can also deal with contact arrangements and confirm how the pet will be shared between the parties.
Is a pet-nup legally binding?
Similar to pre-nups and separation agreements, the law does not presently recognise pet-nups as being 100% legally binding, however the court is likely to take such an agreement into account and uphold it, unless there is a good reason not to. It is currently the best protection you can have.
Most pets are considered part of the family and it is therefore important that the subject of pet ownership is given proper thought and consideration, ideally before the possible breakdown of a relationship. The preparation of a pet-nup will help to avoid and minimise any potential issues in the future.
If you would like to speak to someone about the contents of this article or separation issues generally, please contact myself or a member of the Family Team.
