When a relationship breaks down, deciding who keeps the family pet can be one of the most emotionally difficult issues. For many people, a dog, cat, or other animal is a member of the family, not just “property”.
But how does the law in England and Wales actually treat pets during a divorce, and what can you do to protect their future?
Below is a clear, practical guide.
How the law sees pets in Divorce
Under the law in England and Wales, pets are treated as personal property the same category as a car, sofa, or item of jewellery. This means the court does not view pets like children, and there is no concept of “pet custody”.
If a couple cannot agree on who keeps the pet, the court will approach the issue as a question of ownership.
Where a pet was acquired during the marriage, it may be considered part of the financial settlement, and the court can order the transfer of ownership through a property adjustment order. The court may also consider the financial responsibilities of the spouse who will continue paying for expenses such as food, vet bills or insurance.
How courts decide who gets the pet
Traditionally, judges have looked at evidence of ownership, including:
- Who purchased or adopted the pet
- Whose name appears on microchip details or registration records (e.g., Kennel Club)
- Who pays for day-to-day expenses
- Whether the pet was given as a gift
Although pets mean a great deal to families, courts typically try to avoid lengthy disputes about them. In one case, a judge simply decided each person would keep one dog and suggested any further issues should be resolved through mediation.
Are courts starting to change their approach?
There are signs that attitudes within the family court are slowly evolving.
In a 2024 case involving a golden retriever puppy, the judge focused less on who bought the dog and more on who had been caring for the pet since separation. The court also took into account the children’s attachment to the dog before deciding where it should live.
However, this decision is not binding precedent, meaning other courts are not required to follow it. Until clearer guidance comes from higher courts, many judges may still apply the traditional, property-based approach.
Can we make our own agreement about a pet?
Yes, and it is often the most sensible option.
Many couples choose to create a “pet-nup”, similar to a pre-nuptial agreement but focused on the family pet. A pet-nup can set out:
- Who the pet will live with
- How time with the pet will be shared
- How costs such as food, grooming and vet fees will be divided
Although not automatically legally binding, a well-drafted agreement entered into voluntarily by both parties can carry significant weight in court. It also reduces uncertainty, stress, and legal costs.
While a court cannot impose a “shared care” or “joint custody” arrangement for a pet, you and your partner are free to agree one privately, either through negotiation or mediation.
What might change in future?
The Animal Welfare (Sentience) Act 2022 recognises animals as sentient beings capable of feeling and experiencing emotions. While this does not change divorce law yet, it reflects a wider shift in how society and some judges view pets.
For now, the most reliable way to ensure clarity is through a clear, written agreement, ideally supported by legal advice.
Need advice about your pet during divorce?
The treatment of pets in divorce can be emotionally sensitive and legally complex. At BP Legal, we help clients reach fair, practical solutions that put the welfare of the pet and the family first.
If you would like advice or want to create a pet-nup or agreement about your pet’s future, we’re here to help.
Top Tip
When preparing a financial order, always include clear arrangements for the family pet. This can prevent disputes and unnecessary legal costs later.
Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, and former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.
If you would like to speak to one of our experienced team please call us today on 01162536856 or email info@bplegal.co.uk