Surveys suggest that over 50% of adults in the UK own at least one pet, with an estimated 36 million pets across the country. This rise in pet ownership appears to correlate with broader societal changes, such as smaller households, later parenthood, and a growing emphasis on personal well-being and mental health. But how does the law view our four-legged companions when a marriage ends? McAlister Family Law’s Phoebe Tiernan looks at how a pet-nup may be the answer for separating pet parents.
It is well known that on separation people can spend a huge amount of time and money trying to agree the arrangements for their children and the courts often being tasked with resolving such disputes. The courts have considerable powers available to them to deal with the arrangements for children when relationships breakdown but what happens when separating couples are unable to reach agreement about their pets?
Well somewhat bizarrely family pets are treated in a similar way to household contents and this has resulted in widespread dissatisfaction. The Court does have powers for dealing with household contents but can often have little appetite for doing so, largely because the costs of dealing with the dispute can far outweigh the value of the household contents in question. This can then result in a carefully crafted agreement being placed in jeopardy if, for example, both parties are determined to have the China leopard that has been on the mantelpiece for the last 20 years. Whilst the item or items are are probably of nominal financial value the sentimentality of deciding who the item will belong to could potentially be a deal breaker. The parties are therefore encouraged to agree the division of household contents between the two of them.
The question of the long term arrangements of household pets falls closer to the division of chattels such as household contents. There are many who would consider both arrangements for children and pets to have equal importance yet the courts powers in relation to pets are limited to a sale or give ownership to one of the parties. The considerations are normally based on monetary value which many find entirely unsatisfactory as whilst some have very nominal resale value (if any) they have unquantifiable sentimental value to the family.
So it is with huge interest that lawyers have received the judgement of District Judge Crisp in December 2024 in the case of Fi v DO [2024]
In this case, the Judge took into consideration attachment and welfare, similar considerations that a court would for a child. This was a first instance case so does not signify a change in the law however it does remind us lawyers to take seriously the arrangements of the household pet on divorce.
Given the current legal framework for resolving the arrangements for pets how can can litigation be avoided? Well, a well thought out Pet-Nup could make navigating the process a little easier if a couple can agree on what the arrangements would be should they split. As one would imagine this could present its own challenges given that love for a pet may evolve over time and the ownership of a pet is not as legally defined or as permanent as that of a parent and child. In these instances questions can arise such as is it possible for a couple to agree the division of the pets’ time between two homes and if so, should different species be treated differently?
With the rising costs of purchasing pets and their integral place as part of the family consideration should be given to the arrangements of our beloved pets in the event of separation or divorce and here at McAlister Family Law we have specialist lawyers to provide advice and assistance helping you with agreeing these arrangements and resolving disputes such as this and providing holistic and tailored advice to your own individual circumstances. Get in touch today.
