As a dog-lover myself, I have always been able to empathise with clients who were going through separation or divorce and dealing with the ongoing care/ownership of the family dog. It often comes as a surprise when I advise clients that a family pet (often a dog or a cat) are treated as a chattel in divorce proceedings. This means that the Court can make limited orders in respect of them and that they are treated the same as, for example, a car or a painting. If future ownership of a chattel cannot be agreed, the Court can make an order for sale of the ‘property’ in which one or both of the parties is entitled. This could mean that neither party ends up with the pet in question, but that it is sold and the sale proceeds divided. It is therefore extremely important to try to resolve such issues by agreement. One in four divorces involves a dispute over pets Disputes over dog ownership are becoming increasingly common and can be a highly emotive subject. The Court will often look at issues such as: Was the pet bought during the relationship? Who is the registered owner at the vet’s practice? Who bought the pet? Who pays the day-to-day expenses for the pet? Who usually takes care of the pet? Case: FI v DO [2024] EWFC 384(B) The recent case, aptly reported as FI v DO [2024] EWFC 384(B) has made a ripple in the, what many consider to be, outdated laws in relation to family pets. In this case, one issue was which party should keep the family dog, known as ‘N’. The husband was seeking a ‘shared care’ arrangement and sought to declare ownership of the dog. The wife had sought retention of the dog, initially suggesting that the dog should accompany the children to the home of the husband for visits, although her position later changed in that she did not think it was in the dog’s ‘best interests’ to spend time with the husband. The judge initially looked at who had paid for the dog and who the main carer was as well as any welfare issues – there were allegations that the husband had injured the dog when removing it from the wife’s mother’s care. However, the judge stated that the main question for determination was who had looked after the dog and not who purchased it. In this case, the judge determined that the wife was someone who understood dogs and was compassionate towards ‘N’ and therefore the dog’s home should remain with the wife. As with any dispute, it is always preferable to try to reach an agreement in relation to family pets. This can be considered within the process of mediation when dealing with other issues in respect of a marriage breakdown. One way of seeking to avoid such disputes at the end of a relationship is by entering into a pet-nup. This document could include an agreement whereby the parties set out the arrangements for the pet’s ongoing care in the event of the breakdown of their relationship. It could include examples of care and contact arrangements, as well as including details of who should pay for vet’s bills, food, etc. Although pet-nups are not legally binding, the Court is placing more emphasis on such agreements when considering whether pre/post-nuptial agreements should be enforced. How can Morr & Co help? If you would like to discuss your situation with an experienced solicitor, our experienced family team will be able to answer any questions you may have. You can contact them by email info@morrlaw.com or by calling 0333 038 9100. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Mandy Spring Partner Message Tags Insights Perspectives On this page Related Stories The benefits of a prenup and why you need one Protecting your pet’s future: why pet provisions matter in your Will Cohabitation Agreement – A guide View more Contact our team today to find out more Get in touch
