Pet ownership and separation

The UK is a nation of pet lovers with approximately 51% of adults owning a pet.  For many, pets are often considered cherished members of the family, and disputes over their care and ownership can become emotionally charged when a couple separates or divorces. Despite this, the law treats pets as ‘assets’, meaning their welfare is not a determining factor in legal decisions about ownership.  Pet owners are often unaware of what will happen to their pets in the event  of separation and what options they have to avoid any uncertainty in the future.

Disputes over pet ownership can be stressful and costly,  with ownership typically being established through evidence such as purchase receipts, microchip registration, and insurance documentation. The pet’s emotional wellbeing is not a legal consideration, and the law in Scotland focuses on legal and practical ownership, rather than who has provided the most day-to-day care for the animal. This contrasts with recent developments in England and Wales, where courts have begun to consider the emotional needs of pets. For example, in the aptly named case of FI v DO, District Judge Crisp ruled that a pet dog should remain with the wife on separation partly due to her role as the primary caregiver for the pet. However, this approach has not yet been adopted in Scotland.

To avoid conflict, couples may wish to engage a mediator to help facilitate discussions and reach a mutual agreement. Couples can also choose to enter into a written agreement (often referred to as a “pet nup”) outlining arrangements for shared care or ownership of a pet in the event of separation. While such agreements are not legally binding, they can provide peace of mind and may be  considered by the court as evidence of the parties’ intentions. In the same way people have pet insurance, the number of people making formal legal arrangements for their pets is on the rise and pets are increasingly featuring in discussions around marriage, divorce and separation.

If during a separation couples have reached an agreement regarding the care arrangements for the pet, those can also be recorded in a separation agreement. However, it’s always worthwhile considering these matters at the outset, so both parties, and the pet, know where they stand should separation occur.

How we can help

Our Family Law team is experienced in navigating this complex and evolving area of law and can offer tailored advice to help protect your interests and those of your pet. Please contact us here or email sophie.greig@andersonstrathern.co.uk if you have any questions on this topic.