My partner and I are separating, what will happen to our pets?
Pets by many are considered as part of the family and so it is not surprising that many feel uncertainty as to how their pets will be treated on divorce and/or separation.
Who owns the family pet in a divorce?
In a nutshell, the courts in England and Wales treat pets as chattels, in other words they are personal property.
In a divorce, dissolution of a civil partnership, or judicial separation, a court has discretion as to who owns the pet and can order that the ownership of the pet is transferred from one party to another, by way of a property adjustment order.
A court is likely to consider the following factors when determining ownership:
- Who purchased the pet?
- Who pays for the day-to-day expenses of the pet?
- Whose name is recorded at the vets?
- Who is registered at the kennel club or breeder?
- Who is registered on the insurance certificate?
- With whom does the pet spend most of the time with?
What happens to pets if we aren’t married?
In respect of unmarried couples, matters are different. The ownership of the pet would be considered under civil law rather than family law. The court will likely favour ownership in respect of the party who can evidence that they purchased the pet and paid for the associated costs.
What should I do if a dispute arises with my partner?
Speak to your partner and negotiate
Deciding who keeps the pet can often be emotional and challenging. Vocalising your needs to your partner can help you reach an amicable agreement, whether this is deciding who keeps the pet or agreeing a shared care arrangement.
Mediation
Mediation allows couples to communicate with each other with the aim of finding a solution. Appointing a trained mediator with expertise in pet disputes can therefore often help in resolving disputes between you and your partner.
Do we need a pet nuptial agreement or ‘petnup’?
A ‘PetNup’ is an agreement between you and your partner that sets out the living arrangements of your pet, ongoing care, including payment of food and medical insurance as well as the rights of ownership in the event of a divorce and/or separation. These agreements can be helpful to alleviate conflict. Although, PetNups are not legally binding, courts are increasingly attaching weight to these agreements provided they have been entered into freely. It is advised to seek independent legal advice before entering into a PetNup.
How can our family & divorce lawyers help?
If you have any questions regarding pets on separation or any other concerns you may have in regards to divorce or separation, do not hesitate to contact our family & divorce lawyers on 0207 228 0017 or via the submission form below.
Contact our property team today to discuss any of the above in more detail by submitting the form below.
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