When a marriage or partnership breaks down, the question of who keeps the family pet can be emotionally taxing. Recent case law demonstrates a potential shift in the Court’s approach in terms of recognising the role that pets play in individuals’ lives.
In England and Wales, upon separation, pets are classified as chattels, essentially meaning they are treated as personal property such as vehicles or furniture. Therefore, the Court is reluctant to address issues beyond ownership, such as shared care arrangements.
However, if matters cannot be agreed between the parties themselves, the Court may consider making a decision for them. The recent case of FI v DO [2024] EWFC 384 (B) highlights a potential development in the Court’s considerations when determining ownership of pets following separation. In this case, the parties jointly purchased a golden retriever puppy during their marriage and following separation, the husband had removed the dog from the wife’s care in December 2023, claiming that he had been solely responsible for the purchase and training of the dog. The husband also claimed that he had registered the dog as a Disability Support Dog to aid his anxiety and depression. The dog was later returned to the wife’s care, and the husband addressed the Court to decide with whom the dog should live with going forward.
Ultimately, the Court concluded that the dog’s welfare was best served by remaining in the wife’s care and therefore it should remain with the wife. The Court paid particular attention to the fact that the dog had been living with the wife for the previous 18 months with the children. Furthermore, the Court explained that the fact of who had purchased the dog does not carry as much weight as the factor of who the dog sees as their carer. The Court explained that this means who has care for the dog now, and not who had historically cared for the dog.
It is important to exercise forward thinking with regards to decisions about whom pets will live with upon separation, in order to resolve matters amicably and reduce the likelihood of future conflict arising. This can be achieved through pre-nuptial agreements, which state what the parties to the marriage intend to happen to their property should the marriage breakdown. While the Court are not bound to strictly enforce pre-nuptial agreements, the Court do recognise freely entered agreements and therefore, they have a persuasive effect.
At Hewitts, we have a specialist team of solicitors available to assist you in private family law matters. For more information, Hewitts offer a free initial telephone consultation to discuss any issues relating to divorce. Contact your local office today to arrange an appointment.
