As younger generations put less emphasis on having children and more on treating pets as babies, the role that animals play in our lives is getting more pronounced.
While they might feel like a baby, your dog is not legally viewed as such and it is worth understanding how they are treated should you and your spouse get divorced.
How are pets viewed in the divorce?
In England and Wales, pets are treated the same as other personal belongings and are referred to as chattels.
The idea of a television and a dog holding the same legal standing may unsettle some people and there is a gradual shift towards treating pets differently.
As such, if you do divorce the co-owner of a pet, the court will attempt to home the animal appropriately.
When determining ownership, the court will generally consider fairness and practical arrangements.
They will also factor in:
· Who purchased the pet
· Whose name is on registration or microchip records
· Who paid for insurance, food and veterinary care
· Who is mainly responsible for day-to-day care
What legal precedents affect how pets are treated?
In a case of nominative determinism, the 2024 case of FI v DO involved the court resolving a host of financial matters following a divorce, including who got to keep the family’s golden retriever.
The court assessed:
· Who had been the dog’s primary caregiver since separation
· Where the dog had been living
· The stability of the home environment
· The emotional connection between the dog and the children
After considering the factors at play, the court ruled to keep the dog with the wife.
This was due to her being the dog’s main carer for 18 months and her home being the one where the children lived and the dog was most comfortable.
This meant the husband lost access to the dog during the divorce proceedings.
How do I keep the dog in a divorce?
Given the legal precedent that is being set, if you want to be the one to keep the dog during a divorce, you may need to prove that you are the one looking after it.
This will mean keeping receipts of food that you have bought, as well as taking photos and videos of you walking the dog and looking after it.
None of this is mandatory, but it can help demonstrate that you are the most deserving of ownership when compared to your former spouse.
At Palmers Solicitors, we work to look after the people (and pets) of Essex so that they understand their legal rights and responsibilities.
If you are currently thinking about divorce or are working towards one, our expert team can help ensure it is handled fairly and sensitively. If you need further advice on how a divorce will affect your pet arrangements, contact our team today.
