If you’ve seen Legally Blonde, you’ll most likely remember the famous scene where Paulette retrieves her beloved pet dog from her abusive ex-husband with the help of Elle Woods’s fake legalese.
The inaccuracy of Elle’s legal speech aside, the scene is a poignant one about the emotional bond between pets and their owners – and the pain that can result from separation.
This raises questions about the real-life implications of pet ownership – and who is really entitled to get the dog after a divorce.
Pets under the law
Pets are classed as chattel – meaning personal property – under the law.
This means that when a couple divorces, decisions around the ownership of their pets are handled like the division of assets such as furniture.
It is usually left up to the couple themselves to decide who gets their pet in the event of a divorce or separation.
How this is achieved depends upon whether the couple can come to a straightforward decision, whether the couple is married or cohabiting as partners, and whether they purchased/adopted the pet together or not.
Pets are considered joint marital assets for married couples, so a decision may be reached between the couple or dispute resolution sessions, such as mediation.
If the pet is shared, then the couple may consider who has been historically responsible for the pet’s care, whose home would provide the better environment for the pet, and whether the couple has any children who are attached to the pet.
Should a dispute over pet ownership end up in court, the judge will consider factors such as who purchased or paid for the pet’s care, and whose name is on the pet-related records.
If one partner already owned the pet before entering the relationship – evidenced by vet registration, microchip information and purchase/adoption documents – it’s usually clear who legally owns the pet and who will be entitled to take it with them if the relationship ends.
If the other partner attempts to prevent this, this may become a legal matter, but only in the sense of property theft. The partner who owned the pet would need evidence that they are its legal owner to assert their rights under the law.
Disputes over pet ownership
As with all assets, pets can be the subject of highly strung disputes in divorce cases.
A high-profile example is the case of Ant McPartlin and his ex-wife Lisa Armstrong, whose dispute over the custody of their pet labrador (Harley) made media headlines.
The ex-couple eventually agreed on a shared ownership arrangement whereby Harley would split time with both individuals, in a manner not dissimilar to a Child Arrangement.
Although this agreement was reached outside of court, it suggests a path forward for ex-spouses who both want to maintain a connection with their pet.
Is legal reform on the horizon?
Although pets are legally considered property in family law disputes, many argue that this chattel-based approach to deciding pet ownership fails to acknowledge the sentience of pets, their emotional needs, and the deep attachments that often form between the pet and its owner.
Indeed, in a modern world where more and more people view their pets as family members rather than possessions, the current legal framework can seem inadequate to many.
There is growing momentum for legal reform over the status of pets in family law disputes.
For example, solicitor and animal welfare advocate Trevor Cooper has launched a petition that seeks to distinguish pets from other types of property in family law proceedings, as well as make it a legal requirement for courts to take the pet’s welfare into account.
Additionally, a pre-nuptial agreement that details what will happen to the pet if a couple separates may be used as evidence of intent and agreement by the court, although they are not legally binding.
An agreement detailing what will happen to your pet – known as a “pet-nup” whether you’re married or cohabiting – reduces the risk that the pet will become a source of conflict and resentment upon separation or divorce.
A pet-nup also allows couples to make decisions relating to their pet that aren’t an issue of legality and would not be decided on the rare occasion that formal legal proceedings took place, such as payment for food and veterinary care, who looks after the pet when the owner is on holiday, and end of life decisions.
If a pet-nup has been prepared well, the court is more likely to take it into consideration.
Protecting your pets in divorce proceedings
Putting a pet-nup in place when you acquire a pet with your partner means you are more likely to be able to argue for a situation that benefits the pet’s wellbeing and care in the event of a separation.
If you’re already embroiled in divorce proceedings and there is a dispute over pet ownership, establishing your legal right to the pet can prove difficult if you don’t have your name on the veterinary records or microchip.
At Hethertons Solicitors, we can advise you on what rights you have to your pet and offer dispute resolution services, such as mediation, to help you and your partner reach a mutually acceptable agreement.
For further advice on pet arrangements after a divorce, get in touch with our expert Family Law team today.
