In the event of divorce or separation in the UK, a pet is treated as an asset (referred to as a chattel) or personal property of the person who bought it. However, if you can prove that the pet was gifted to you, then you may be able to retain or regain custody of your pet. If you and your partner cannot agree on the ownership of your pet during the divorce or dissolution process, unlike child custody, such disputes are dealt with by the small claims court rather than the family court. The small claims court can determine the legal ownership of a pet, whether to transfer ownership, and whether an order should be issued for the return of the pet from an ex.
Proving ownership for pet custody in a divorce
When asked to make a decision on the custody of pets following divorce or dissolution, the courts tend to rule in favour of the partner, who can prove that they own the pet. In particular, the courts will look at a range of factors including:
- Who purchased the pet in the first place
- Whether there is evidence that the pet was purchased as a gift – evidence may include a photo or video showing the pet being gifted, a text message, or a social media post
- Who primarily cares for the pet
- Who pays the vet bills
- Who is the registered owner on the pet’s microchip and any other documents
- Who pays for any pet insurance
Sharing pet custody
In some cases, it may be possible to share custody of a pet in the UK following divorce or dissolution. To make this more formal, it is possible to enter into a shared custody arrangement for your pet, setting out where and when the pet will live and spend time. However, it is important to understand, that such an agreement is not legally binding. This means that once the legal ownership of the pet has been decided, there is typically no legal obligation for the owner to let their ex-partner visit the pet. Nonetheless, the agreement can be useful to clarify the intentions of both parties.
Pet maintenance in a divorce financial settlement
Family courts may issue a pet maintenance costs order as part of a divorce financial settlement. Given that the cost of pet insurance, veterinary care, grooming, pet sitting and walking, and food can run into many thousands of pounds each year, this may not be affordable for one person following a divorce.
Including pets in a prenup or postnup
Some couples choose to enter into a ‘pet nuptial agreement’ as part of prenup or postnup. These are often referred to as a ‘petnup’ and set out what should happen to pets in the event of separation. This avoids disputes over who should keep and pay for a pet after divorce. A petnup may specify, for example:
- Who will the pet live with after the divorce?
- Whether there will be any shared custody arrangements
- Who will cover the day-to-day costs for the pet?
- Who will pay the vet bills?
- Who will pay for any pet insurance?
- Who will look after the pet when the owner goes on holiday?
- Who will pay for food and other expenses (e.g. grooming, daycare, and dog walking)?
It is important to bear in mind that a ‘pet nuptial agreement’ should not be formed separately from a pre/postnuptial agreement. Rather, any petnup clauses should be drafted professionally and included within the prenup or postnup so they can be considered by the court in the future.
