I am getting divorced. What happens to our pets?

I am getting divorced. What happens to our pets?

For many couples going through divorce, one of the most emotionally charged questions is not about money or property, but about the family pet. Dogs, cats and other companion animals are often seen as part of the family, providing comfort, routine and emotional support. It can therefore be surprising, and upsetting, to discover how the law in England and Wales currently treats them.

How the law treats pets on divorce

Under the current legal framework, pets are classed as chattels. In simple terms, they are treated as personal possessions, much like furniture or a car. If there is a dispute, the court’s focus is on ownership rather than welfare.

This means the court will look at practical and financial factors such as who bought the pet, whose name appears on veterinary records, who pays for food and insurance, and where the pet lives at the time of separation. The court is not required to consider what arrangement would be best for the animal itself.

There is no equivalent of a child arrangements order for pets. The court cannot order shared care or contact, even where both parties have played an active role in caring for the animal.

Why this can be so difficult

For many people, this approach feels out of step with modern family life. Pets are often deeply loved and form part of daily routines. Arguments about pets can quickly become highly emotive and may increase conflict at an already stressful time.

Disputes about pets can also complicate wider divorce negotiations, making it harder to reach agreement on finances or to move forward constructively.

Can couples agree their own arrangements?

Yes, and in most cases, this is encouraged. Many separating couples can reach sensible agreements about where a pet will live and how responsibility for care and costs will be shared. Mediation and collaborative law can be particularly effective in helping couples resolve these issues in a calm and practical way.

While these agreements are not the same as court orders for children, they can provide clarity and reassurance for both parties.

Why the law may be changing

There is growing recognition that the law has not kept pace with society’s view of pets. Other countries already allow courts to consider animal welfare when relationships break down.

In England and Wales, reform is actively being discussed. Sadie Glover, Partner and Head of the Family and Divorce team, is a member of a specialist Pets in Divorce working group. The group includes more than 20 family lawyers and barristers, alongside vets and an animal behaviouralist, and is focused on changing the law so that pets are treated differently from other chattels, with greater emphasis on their welfare.

Taking advice early

If you are getting divorced and are worried about what will happen to your pet, early legal advice can help you understand your options and reduce the risk of conflict. Clear arrangements agreed at the outset can make a real difference for everyone involved, including your pet.

For further information or advice surrounding pets and divorce, please contact Sadie Glover

https://blasermills.co.uk/

Monthly legal advice column in partnership from Blaser Mills.