Who keeps the family pet when separating?

For many people, pets become a key part of their family. As such, what should happen to pets when couples separate can become very contentious.

The Law

The family court itself has no duty to consider the welfare of a pet during the division of assets. Under current law in England and Wales, a pet is legally considered a chattel, and as such is treated in a similar way to furniture and cars etc. This can seem somewhat unsympathetic when pets can play such an important role in family life.

Generally speaking, it is a decision that separating couples reach between them. Arrangements can be put in place for both parties to still spend time with the pet but such an agreement would not be considered by the Court and as such will not be made legally binding. This will therefore often be entirely dependent on the goodwill of the parties.

If a decision cannot be made between the parties, factors such as the following may be considered:

1. Who paid for the pet;
2. Whose name is registered at the vets or on the microchip;
3. If a dog, whose name is registered at the kennel club.

Often though, the Court do not wish to be involved in decisions regarding pets and parties can be criticised for not reaching a decision on this.

George Green LLP

If you require any further assistance in respect of separation or financial matters arising from separation, our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands. For all new enquiries, complete our online enquiry form and a member of our team will respond, or please call 01902 328 365.