LEGAL EAGLE: Who keeps the family pet in a divorce?

It is has been suggested that there has been an increase in pet ownership since the Covid-19 lockdown came into being. People are at home more (for a number of different reasons), and therefore have the capacity to look after a pet and the demands they bring.

It may have been bought as a gift for one party from the other. Both parties may have made the joint decision, or one may have purchased the pet while the other has undertaken the daily care.

What happens if there is a dispute regarding ownership? A pet is defined for the purposes of matrimonial proceedings as a chattel, i.e. a personal belonging. A chattel is property which a court can make an order as to who should own it. This ordinarily extends to the contents of the family home. It is very unlikely that the court will order a sale of a dog or a cat, therefore a judge will likely make a decision based on the facts of the case as in most other areas of family law. That can take into account:

Who is responsible for the pet insurance/veterinary bills

Who is the pet registered to

What are the practicalities of taking care of the pet

Whether there are children involved who have a strong emotional attachment to the pet

I know that pet-nuptial agreements can be prepared thus setting out what should happen in the event of the separation of the parties. The court take into account a written agreement regarding a chattel. Whilst a pet-nuptial agreement is not technically binding, it is highly likely that the agreement will be upheld if certain factors are in place, such as whether the agreement was freely entered into by the parties, whether the parties received independent legal advice in respect of the provisions of the agreement, whether the parties fully understood the implications of the agreement, whether the agreement is fair and protects the interests of any children involved as well as the interests of the pet and so on.

Chattels, especially pets, are an emotive subject. Could there be a shared care arrangement with one party who may be working from home during the week for example having the care of the pet during that period and the other party having the pet when not at work?

Compromise often seems elusive but for most parties having something that they can work with, rather than having something forced upon them that they really do not like by a court.

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