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We are a nation of pet lovers, with 53% of UK adults having a pet, according to the charity PDSA, but what happens to your pet if you get divorced?
The UK has an estimated population of 11 million dogs, and 29% of adults have one, but deciding who keeps the family pet when a couple separates can make a stressful and emotional time more difficult.
Legally there are certain rules to follow and, if you’re unable to negotiate where the dog will live, a court may decide.
Taking out a “petnup” is one option (a pet pre-nup) and although it won’t be legally binding it could help a court or a judge decide where a pet will end up.
In this article we cover:
- Who gets the dog in a divorce?
- Is there such a thing as joint custody of a dog?
- What proves legal ownership of a dog?
- How do I share my dog after divorce?
Read more: A guide to buying a dog
Who gets the dog in a divorce?
The best way to decide on a dog’s future after a divorce is to talk to your partner and agree where the dog will live. This could be the person they spend most time with, or the partner most able to financially support the dog.
It’s not always easy and, if a couple can’t decide, they may need to seek legal advice or a court order. More on this below.
If a couple owns a dog together and they get divorced, the dog will be seen in the eyes of the law as a personal belonging, or chattel. This means whoever bought the dog is usually seen as its legal owner, unless it was a gift.
Although dog owners won’t see them in such monetary terms, as for most people they are a loving member of the family, this is the way in which a court considers pets but it can be hard to prove who owns the dog.
If the dog was very expensive, such as if it’s a rare breed or a racing dog, the value will be considered. Both parties will need to agree on this otherwise an independent valuator will be brought in to decide.
The couple might decide to sell the dog and split the money or, if one person keeps it, they will need to look at how this affects the overall division of assets between them.
Gemma Iceton, partner at Ward Hadaway, said: “Dogs can be extremely valuable in monetary terms; for example, a Crufts winner or a Field Trial Champion Gun Dog can be worth up to £250,000 for the owner and have up to 300 litters. In a recent case we successfully resolved the dispute by one party retaining the dog in lieu of a lump sum settlement to the other. This is of course risky to the party retaining the dog as there’s no guarantee that breeding will be successful, and you’re relying on the dog to survive for a period of time.”
Mediation is an option for those unable to decide where the dog will live. This involves meeting in a neutral space with a qualified mediator who can assist you and offer impartial advice on the best outcome for you and your pet.
If you have two dogs, you may decide to split them between you. However, you will need to consider if this is the best decision for the dogs, especially if they get on well and have a strong bond.
Iceton adds: “If you can agree a pre or post-nuptial agreement or a cohabitation agreement (if unmarried) this would alleviate as far as possible these types of disputes.”
Read more: Best pet insurance providers
Is there such a thing as joint custody of a dog?
A court can order joint custody of a dog. They can also order a pet to be returned to someone and for damages to be paid out for wrongful retention of a dog.
If a court decides that a dog is jointly owned by two people, it can also order joint custody. But it can’t force the legal owner to allow access to the dog.
These decisions are usually made in the small claims court and come under the Torts Act 1977, according to the law firm, Ward Hadaway.
Owners need to manage their expectations of the court system, says Kathryn Cassells, a senior associate solicitor at Vaitilingam Kay Solicitors. “The courts really encourage out of court resolution options when it comes to dealing with disputes over dogs. In disputes over children, couples can apply to the court for a child arrangements order, but there’s no equivalent statutory application they could make through the family courts.”
She adds: “If a couple has agreed a schedule over who gets to see the dog when and the other person doesn’t comply with it, a family court wouldn’t be able to do very much about it!”
A lot of couples, she says, are able to reach an agreement. “When it gets messy, though, it can get really messy and it’s exactly the type of dispute that delays things – there is so much emotion involved, and it needs careful management. The dispute can lead to increased costs, with lots of solicitor correspondence on the issue.”
Solicitors told Times Money Mentor anonymous anecdotes including:
- Dogs being “dognapped” on walks, and taken to the other owner
- A client instructing a dog behavioural expert to give an opinion on who the dog was happiest with
- A case where a husband wanted to keep one of two dogs while the wife wanted to keep both dogs. The court decided that it wouldn’t be fair on the dogs to separate them. “The Judge let his heart rule his head, as technically it’s not a welfare decision!”
What proves legal ownership of a dog?
If a couple absolutely can’t agree where a dog will live, they can go to court but if the couple can work it out between them, this will save a lot of time, stress, and legal fees.
When a court decides where a dog will live, it will look at different factors including the following:
- The legal registered owner of the dog at the vets
- The person who bought the dog
- The person associated with the dog’s microchip
- The policyholder if there is pet insurance in place
- Whether the pet was a gift
It will also look at the bond a dog has with either party, or any children who are involved.
For couples who live together but aren’t married, the dog will usually remain with the registered legal owner, according to the law firm, McAlister Family Law. Either party can make an application for ownership through the small claims court. This would be seen as a civil rather than a family dispute.
If you have a petnup in place this can help to determine who keeps a dog after a divorce. This works in a similar way to a prenuptial agreement. It can set out who will retain ownership of the dog and who will pay for its food and vet bills.
The agreement must be written clearly and signed by both parties. While it’s not a legally binding agreement, it can be useful. Most lawyers agree it can be considered by a court if a couple aren’t able to agree on where a dog will remain.
Read more: A guide to buying a cat
How do I share my dog after divorce?
Ideally you will be able to agree where a dog will live after a divorce without going to court. Your agreement could allow the dog to visit the person they no longer live with. You could also arrange to split the cost of vet bills.
One person should be the dog’s key carer, according to the Blue Cross charity. This is the person who has the time and money to look after the dog. Training of the dog must be consistent if it is spending time in two homes so it doesn’t get confused.
The address will need to be changed if a dog moves home. This will apply to documents such as insurance, the microchip register, and at the vets.
Read more: Why are vet bills so expensive?
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