The question of who gets the family pet can be an emotive topic for divorcing couples. When these issues arise, it can be a shock to our clients that the family court considers pets in the same way that they consider chattels (such as a car or watch).
This means that the person who bought the pet and who is registered as the owner at the vets or on insurance documents, will often be this person who will keep them, if parties cannot agree directly. The only exception is if there is clear evidence that the pet was gifted to the other party.
Across the world we are seeing changes in the approach taken by the courts when it comes to the division of pet ownership on divorce. In the last 12 months, British Columbia and Canada have introduced a change to their approach to family pets on divorce, having previously adopted the same approach as the UK. In Canada, the courts now consider a person’s ability and willingness to care for an animal, the relationships between a child and an animal and the risks of animal cruelty to help determine pet ownership. In Portugal, parties going through the divorce process must state whether they have any pets on their divorce application and set out the plans of what will happen to the pet in the future. Similarly, Spain has changed their approach by considering the family members’ best interests and the welfare requirements of the pets in a divorce.
Pets of course play an integral role in family life and for most people, pets are much more important that a chattel. There is no suggestion that the law in England and Wales is going to change any time soon. So, what can you do to avoid emotional and difficult disputes in divorce?
- Liaise directly
If possible, discuss who will take care of the pet following separation directly. Anyone who is considering taking ownership of the family pet should consider the commitment they are making and decide whether they can meet the welfare needs of the pet and financial costs. You need to think about what is in the best interests of the animal and look at what might be the wishes of the children involved. Having early discussions with your spouse about who will care for the pet can avoid any emotive disputes during the course of your separation.
- Pet-Nups
You can enter into a standalone ‘pet-nup’ to deal specifically with pets. This will set out ownership, financial responsibility, maintenance and any other specific arrangements for your family pet in the event you separate.
Alternatively, the details for pet arrangements can be includes in clauses in a prenuptial or postnuptial agreement. These clauses would deal with the right of ownership, care and who will meet the ongoing expenses of a family pet.
- Mediation
Mediation is a voluntary process, where couples can discuss in a neutral and safe environment the terms of a financial settlement and child arrangements. Mediation can be a useful tool to discuss specific areas the parties are unable to agree on and consider creative solutions with the guide of an independent Mediator. A good mediator will be able to facilitate a conversation between separating parties and this can be an excellent option to consider arrangements for a pet.
- Arbitration
This is an alternative method for non-court dispute resolution, where an arbitrator is appointed by the parties to make a binding decision in respect to their financial agreement. There is a cost to arbitrating, and often parties will attend with legal representation. You can arbitrate over specific issues including the arrangements for a pet. This is usually a much quicker process that court proceedings on divorce.
- Court
If parties simply cannot agree who will have the ownership of a family pet, as a last resort the courts will look at who has proof of ownership and rule in that favour. A court will consider facts such as: who bought the animal, who was the primary carer for the animal, who paid for the vet bills and whose name the pet is registered in. The court can also order transfer of ownership of an animal in the same way it can a car and include provisions for the financial upkeep of a pet as part of the overall financial settlement.
Agreements that can be reached directly are often the best approach, particularly when dealing with a much-loved family pet. Please do contact our family law team if you need any advice in respect of your family law issues, or indeed to discuss the full range on Non-Court Dispute Resolution options with us.
If there are jurisdictional elements to your separation, our international divorce solicitors can offer advice on a wide range of international issues connected to divorce, financial settlements and enforcement issues.