Paws and prejudice: What happens to pets in a divorce?

When couples part ways, emotions run high and priorities shift—but for many families, one question can prove surprisingly thorny: What happens to the pets?

The treatment of pets in divorce proceedings has become an increasingly significant issue in England and Wales, reflecting the growing recognition of pets as integral members of the family. Traditionally, pets have been regarded as personal property under the law —no different, legally speaking, from furniture or a car.  However, this perspective often fails to capture the emotional bonds and practical considerations that come with pet ownership.

Currently, the courts in England and Wales do not have specific guidelines for resolving who gets the pet in divorce cases. Decisions are typically made based on ownership, but this approach can be somewhat arbitrary and may not always serve the best interests of the pet, or the parties involved.

Elsewhere in the world, attitudes toward pets in divorce are evolving. Countries like Spain and parts of the US are beginning to recognise pets as sentient beings, allowing judges to consider their welfare when determining post-separation arrangements. In the UK, animal welfare charities and legal professionals have called for a rethink of how the law treats pets—but so far, there’s been no change.

In the aptly name case of FI v DO, the central dispute, after family finances, was the care of the family dog (known as N). In that case, the judge stated that the question to be determined was not who purchased N, but who principally looked after her now and an important consideration was who N saw as her carer. After considering the evidence, the judge determined that N should remain with the wife. In arriving at that decision, the judge referred to the fact that the wife had looked after N for 18 months since separation (noting that 18 months was a long time in a dog’s life), that N, after an incident involving the husband, ran back to the wife’s property, and commented that the wife was someone who understood dogs, was compassionate and would put N’s interests firsts.

Whilst this judgment suggests that a more modern approach may be adopted by judges as to how disputes regarding family pets should be resolved, until the higher courts have their say on the issue or changes are made to the legal framework, uncertainty remains.

As a pet owner, I would welcome the much-needed change which would see pets’ legal status elevated, their welfare becoming the key consideration in determining with whom they should live and for there to finally be recognition of the fundamental role pets play in families.

Legislation came into effect in 2022 recognising pets as sentient beings

For example, in September 2018, Governor Jerry Brown signed AB 2274 which empowered Californian court to take into consideration the “care of the pet animal” in cases of marital dissolution or legal separation

How we can help

At Cripps, we understand that pets are more than just property, they’re family. Our experienced family law team can help you navigate the legal grey areas surrounding pet custody during separation or divorce.