Can I Keep My Pets After Divorce?

As a nation, we British are rather attached to our pets. After all, they are always there for us, love us unconditionally, and never ask for anything in return (except for food, a warm place to sleep, and for dogs, an occasional walk). Pets are part of the fabric of our homes and families, and the thought of not having them around due to divorce or dissolution can be deeply upsetting. In most cases, separating couples are able to come to a mutual agreement over who will keep their pets. Indeed, it may even be the pet that chooses who they live with. In this article, we will discuss what happens if you cannot agree with your ex-partner about who should keep your pets.

How are pets treated under the law?

It may surprise you to know that under the English and Welsh legal systems, pets have the same legal status as a lamp, bed, or painting. This is because pets are a ‘chattel’; a moveable item of personal property. It may be difficult to conceive that the law views our furry friends as mere ‘things’, but the fact is that your cat is no different from a washing machine in legal ownership terms. This does not mean that the law ignores the welfare of animals and pets. The Animal Welfare Act 2006, for example, sets out the law on the prevention of harm, promotion of welfare (including a suitable environment and diet), and the legal duty to take responsibility for animals.

Can I keep my pets after my divorce?

The best way to ensure that you can keep your pet/s following divorce is to reach a mutual agreement with your ex-partner. In most cases, pet-related disputes can be avoided from the outset if both parties can be reasonable and objective. Of course, this is not always the case, especially when separation has fallen into acrimony. If you have a “pet-nup” in place, which makes clear that you will take ownership of any pets you had before getting married or entering into a civil partnership, while not legally binding, this should make reaching an agreement easier.   

What can I do if we cannot agree on who should keep our pets after divorce?

If you cannot reach an agreement regarding who will keep your pets, the first route to consider is Alternative Dispute Resolution (ADR). Many family law Solicitors offer ADR services, such as negotiation, mediation, and arbitration, as a way of bringing often complex and acrimonious disputes to a mutually agreed conclusion without involving the courts. In many cases, the courts will not even entertain such cases until both parties have gone through ADR. Thankfully, dispute resolution methods such as mediation are extremely effective and have the added benefits of helping to maintain a cordial relationship between parties (especially important for children), and are more likely to result in an agreement which will be adhered to. In addition, ADR is typically much faster and cheaper than asking the court to decide.

What will the court take into account when deciding who should keep a pet following divorce?

Court proceedings should only ever be considered as a last resort once all other routes to resolve the matter have been exhausted. When deciding who a cat should live with, the court will take into account a range of factors, including who:

• Would like to keep the pet
• Paid for the pet and whether it was gifted
• The pet is registered to
• Pays for the pet insurance
• Is in a financial position to look after the pet
• Has a home that is suitable for a pet, and
• Has been caring for the pet, including arranging vet care, paying for food etc.

Unlike cases involving children, the court will not look at the best interests of the pet into account. That said, they may, in accordance with the Matrimonial Causes Act 1973, make a decision regarding pets in the context of the division of assets and the welfare of any children. This means if it can be shown that separating a child from their pet may have a detrimental impact on their welfare, the court may decide to allow them to stay together.

In some cases, it may even be possible to get the court to agree to a joint custody arrangement for a pet. This was famously the case following the divorce of Ant McPartlin and Lisa Armstrong, who swap custody of their chocolate Labrador each week.

Final words

Deciding who should keep pets following a divorce can be a cause of considerable stress and worry. To understand your rights and the best course of action to take to keep your pets following divorce or dissolution, it is always advisable to speak to a family law Solicitor who can advise you based on your unique circumstances.

For a free consultation regarding keeping your pets following divorce, please call our understanding and caring family law team on 0208 300 6666.