Who keeps the pet after a break-up? A guide to pet-nups

Any dog or cat owner (like me) knows just how integral a pet is to family life. Yet when a relationship breaks down, there can be anxiety and uncertainty over who gets to keep any beloved animals.

As a family lawyer, I’m often called on to resolve issues about pet ownership for soon-to-be ex-spouses. I’ve seen issues arise in relation to the transfer of ownership from one spouse/owner to the other following a permanent departure from the marital home, as well as arguments about shared care agreements for the non-resident spouse/owner. 

Here’s a straightforward guide to who gets to keep a pet after a break-up or divorce.

What happens to the family pet on divorce? 

In law, your pet will be treated as an item of ‘personal property’ in the same way as a piece of furniture or TV. If there’s a disagreement about who keeps the pet, the decision could come down to who purchased the pet, whose name it’s registered in or who has financially maintained the animal (for example, by paying for pet insurance, vet bills, food or grooming). 

Even if you’re the main person who looks after your pet or could provide a better home for them, such factors may not be prioritised by the court above financial connections or legal ownership.  

Some factors that may influence the court’s decision include whether the pet was received by one party as a gift or where a child has a particularly close bond with a family pet and it could be argued that separation may have a detrimental impact on their welfare (if it may cause them extreme upset and emotional harm/distress). The welfare of a dependent child is the paramount consideration for the court in every case, so it’s often the case that the pet will stay with the parent that has primary care of the child. 

If there’s a shared care arrangement and the pet is a dog (for example), it’s more than likely that they can travel with the child between homes. If so, both parents will assume responsibility and care for the pet when it’s with them. This may not work in the same way with other pets (like cats, for example) as it may be harder or more unsettling for the pet to constantly move between homes.

What can I do if we don’t agree on who keeps the pet?

In a situation where you disagree about who owns the family pet, you should first attempt to resolve matters outside of court by way of negotiations through solicitors, mediation or arbitration. 

Court proceedings should only be pursued as a last resort when all other avenues have failed, since they’re likely to be disproportionately expensive. In fact, one of the reasons why it’s unlikely that we’ll see reform any time soon to the way in which the court categorises a family pet is the risk that this could lead to an influx of protracted proceedings.  

Can my ex-partner be forced to contribute financially towards our pet after a break-up?

The court will consider a person’s financial needs (and the other person’s ability to pay) when calculating the appropriate level of any ongoing financial support after divorce or the dissolution of a civil partnership. The costs of maintaining the family pet are something that will be considered in that regard. These can be included in a person’s monthly expenditure/outgoings schedule, where you can itemise the associated costs. 

However, it’s important to note that each case is different and how reasonable it is to mandate ongoing financial support will be assessed on a case-by-case basis. For example, the cost of maintaining a horse will typically be substantially higher than a domestic pet. 

How are pet disputes handled by the court?

In the recent financial remedy case of FI v DO [2024] EWFC 384 (B) there was a dispute between a married couple regarding their pet dog. The dog had been jointly purchased by them both. The court held that the couple’s dog should remain with the wife. This was because she was the primary carer of the children and dogs were found to be “an integral part of her's and importantly the children's lives”. 

The judge considered legal guidance around who had principally looked after the dog and the purchase of the dog as well. The judge’s view was that the dog was primarily cared for by the wife and had been for the previous 18 months — which the judge commented was a “long time” in a dog's life. The judge further added that “the dog's home is with the wife and she should stay there. It would be upsetting for both the dog and the children were those arrangements to alter”. 

This case shows that while a dog is considered a chattel and therefore legal ownership is important, judges may be prepared to use their discretion to make alternative orders if that is what is best for the family and their pet.

What can I do to protect myself or prevent a dispute over pet ownership in the future? 

If you’re living with your partner, about to get married or already married and you either have a pet or are thinking of getting one in the future, there are steps that you can take to protect yourself and prevent certain issues from arising if you later separate.

These include entering into a cohabitation agreement or nuptial agreement (prenup or postnup). Such agreements are usually used to protect a party’s financial position and assets such as a family business or property. As part of this process, it would be sensible to make a provision for the ownership and financial responsibility of the family pet as well.

However, something that’s becoming ever more common is a standalone document that deals specifically with the family pet — generally referred to as a ‘pet-nup’.  

What is a pet-nup? 

A pet-nup is an agreement between a couple that sets out the right of ownership to a pet, together with any arrangements for ongoing care and responsibilities for meeting any associated expenses. A pet-nup can also deal with contact arrangements and confirm how the pet will be shared between a separating couple.

Is a pet-nup legally binding? 

As with prenups and separation agreements, the law doesn’t presently recognise pet-nups as being 100% legally binding. However, the court is likely to take such an agreement into account and uphold it unless there’s a good reason not to. This currently offers the best protection that you can have. 

If your pet is considered to be part of the family, it’s important to give proper thought to the issue of pet ownership before any potential relationship breakdown. Preparing a pet-nup will help you to avoid and minimise any potential issues in the future.  

You may also want to think about making provision in your Will for who you’d like to care for your pet in the event of your death.

Talk to us

If you’d like to find out more about pet-nups and whether creating a pet-nup would be right for you, talk to our award-winning family law team today.

With experts in drafting prenups, postnups and other types of agreement, we can provide tailored, personalised guidance and advice to couples like yours.

Talk to us by giving us a call on 0333 004 4488, sending us an email at hello@brabners.com or completing our contact form below.