When you are going through a divorce many decisions will need to be made about the division of all of your marital assets, children and pets.
While your pet isn’t your actual child, many people view a pet as a part of the family, so naturally during a divorce pets can become a sore subject if people can’t decide who the pet will go to.
Pets are often viewed as a part of the family and while that may be true in your eyes, in the eyes of the law your pet is known as something called a chattel.
This means that your pet is viewed in the same way as a handbag, your car or the contents of the family home.
In England and Wales, the family court does not have to consider the welfare of the pet that is involved in the divorce dispute.
The courts will look and see who paid for the pet or whose name is signed on the adoption or purchase contract.
They will also consider whose name is listed on the microchip database, on the vet records and who pays for and signed up for the pet insurance.
Consideration may also be paid to who is the primary carer for the pet. This would be the person who pays for the food, grooming and any medical treatments that the pet may need.
Once a decision has been made, the court will offer a property order which will grant the sole ownership of the pet to one person.
The first step to resolve the dispute will be to attend a mediation session between both parties.
Here a professional mediator will discuss the situation with both parties and help them reach an agreement without the need to go to court.
During mediation, both parties will have the opportunity to discuss what they believe would be the best arrangement for the pet.
This could include deciding who the pet will live with, who will pay for their care and whether both parties will continue to have contact with the pet.
If an agreement can be reached through mediation, this can help to avoid the time, cost and stress associated with court proceedings.
If mediation is unsuccessful or is not suitable for your circumstances, it may be necessary to make an application to the family court. The court will then consider the available evidence before deciding who should retain ownership of the pet.
It is important to remember that the court will generally treat the pet as property rather than making a decision based on what would be best for the animal.
Going through a divorce can be hard enough as it is and that is without having to decide what happens to a much-loved family pet.
If you and your partner cannot agree on who should get the family pet, getting legal advice early can help you to understand all the options and what the best approach to the situation is.
Our family law team can provide advice on disputes involving pets during a divorce so that you can make an informed decision on what the best course of action is.
For support with pets during a divorce, get in touch with our team.
