The stress and emotional toll of a divorce impacts every member of the household. Yet what many forget is that it’s our furry friends who are also impacted by the arguments and the disruption.
As a nation of pet lovers, it’s crucial that we think about what happens to pets during a divorce. Approximately 27% of divorces in 2021 involved pet custody, and this number is widely believed to have risen significantly during the intervening years.
If you’re wondering how pets are managed during a divorce, here’s what you need to know.
Are pets considered property or like children in a divorce?
In what many animal lovers will see as extremely controversial, pets are classified as chattels, or personal property, in England and Wales. This means that from a legal standpoint, pets are treated exactly like cars or furniture, not living beings with any rights.
In a nation where 59% of people consider their pet’s well-being above their own, it can be tough to go through a divorce where pet ownership is at stake. This is unlike many European countries that classify pets as living beings alongside children in divorces.
Are there any laws around pets and divorce?
The only law is that pets are treated as personal property. Judges usually prefer not to get involved in these custody battles, preferring that couples reach an arrangement. Despite that, there’s an increasing trend of courts recognising the integral role pets play in families.
It’s why courts will consider who paid for the pet, their primary carer, and, ultimately, what the best option is for the pet’s overall welfare. It’s why one in four UK couples now have what’s known as a “pet-nup” agreement in place to decide what happens to them if there’s a split in the relationship.
What do the courts consider when looking at pets in a divorce?
Courts try not to get involved in pet disputes because it’s costly, and it often drags out divorce proceedings. If pushed, though, they will intervene and make a decision. Primarily, the focus is on determining ownership by looking at the practical evidence.
The questions a court will ask include:
· Who bought the pet?
· Who funded the purchase of the pet?
· Was the pet gifted to another person?
· Whose name is on the microchip?
· Whose name is on the vet records?
· Who bears the majority of the financial responsibility for the pet?
· Who’s the primary caregiver both in the relationship and after separation?
Of course, as with any other piece of personal property, everything must be backed up by solid evidence, preferably on paper. This is how the Family Court has always decided upon ownership. However, due to how society has moved over the years, there are emerging trends that are also being considered, known as “best interests”.
How pet ownership is decided in divorce
Beyond the practicalities of who pays for and cares for the pet, the big emerging trend in English law is what’s known as “best interests,” which aims to acknowledge the key role a pet plays in a household.
The law hasn’t changed on paper, and pets are still classified as personal property, but judges are acknowledging the emotional bonds humans and pets develop with each other. They also look at past care and future well-being, as well as the well-being of the humans around them.
For example, if your ex-spouse purchased a dog or a cat for your child but you’re the primary caregiver for both the pet and your child, a judge will likely see that, despite the financial side, it’s clear that the pet should stay under your roof with your child.
Likewise, the court will also consider the pet’s overall welfare. In many ways, they’ll consider the same factors as they would a child, such as their current routine and with a view to maintaining stability to preserve their well-being.
On a side note, animal rights campaigners have petitioned for changes to the law on classifying pets as personal property. It’s a movement that has taken hold in a variety of European countries, where the law has been changed.
How to avoid pet disputes in divorce
Nobody wants a long, drawn-out battle over a valued member of the family. To many of us, pets are just like our children, and it can be heart-wrenching to have to battle to keep them. Thankfully, there are proactive steps you can take to prevent future disputes.
The most popular option is a pet-nup. These are written agreements that cover issues like:
· The pet’s owner.
· The pet’s home.
· The pet’s primary financial provider.
· Access arrangements (in the event of separation).
You can also keep records, like vet bills, photos, and care logs, to show who really cares for the pet. These aren’t binding, but they do have influence in court, and judges regularly consider them when dealing with pet disputes.
Suppose you’ve already reached the separation stage. In that case, you might opt for divorce mediation through a neutral third party, arbitration, which is cheaper than going to court, or working with your solicitor to negotiate a fair agreement.
Ultimately, the focus should be on what’s best for the pet’s routine and their living situation, rather than simply “winning” or getting one over on your ex-partner. And that’s what expert divorce solicitors at VM Family Law are here to help with.
If you’re determined to fight for your four-legged friend but are worried about what might happen during your divorce, seek professional legal advice. Get in touch with us for your free consultation today.