Divorce - But Who Gets The Beloved Pets

For many married couples the holiday period from Christmas to New Year is a time when the stress of a troubled relationship forces a decision to divorce. Notable, 5 January was National Divorce Day. Divorce is often one of the most complicated and problematical experiences that individuals have to go through, usually requiring clear legal advice and strategy to navigate the path. The immense disruption caused by issues such as the division of assets and the custody of any children of the marriage can be hard to manage. 

Another emotive aspect is who maintains the care of pets and retains the ownership of pets. The law regards pets as property – chattels – but this may change. Many divorcing couples find it surprising that ownership of the pets is treated as property ownership. In the case of FI v DO [2024] EWFC 384 the dog's wellbeing was considered by District Judge Crisp, as well as the ownership consequences. In future the courts may recognise the unique position a pet holds in a household, as well as considering the how a pet would cope with a radical change in it's circumstances. Often the couple become entrenched at opposite ends of an issue and refuse to compromise in any way. 

The decision is not infrequently settled by the court. Amber Heard and Johnny Depp ended up in a custody battle for their dogs Pistol and Boo, making their acrimonious parting even more difficult. Similarly, Kristen Stewart and Robert Pattinson, Britney Spears and Kelvin Federline and Drew Barrymore and Tom Green all had hostile custody battles over pets.

Cameron Jack, a Paralegal, commented “in order to avoid a harsh and unpleasant situation arising over custody of a pet at the end of a relationship, an agreement could be drawn up clarifying important issues relevant to the pet such as legal ownership and how the care of the pet should be managed”. Cameron further pointed out, “All documentation related to the purchase and ownership of the pet should be retained. This includes payment of pet insurance and vet bills. In the event of a pre-nuptial agreement being drafted, the information relating to the pet can be included. The courts may also consider which person is most suited to care for the pet and who the pet feels safe with. The couple can each put their case as to why they think that they should have custody of the pet, including proof of ownership, and will have to produce evidence to support their argument”.

The courts are increasingly respecting the clauses set out in documentation drafted to outline the care of pets following a relationship break-up. The agreement should:

• Clarify legal ownership.
• Documentation relating to the purchase of the pet should be retained.
• The owner's details should be registered on the microchip database with the Kennel Club.
• The owner's name should appear on insurance documentation.
• Retain documentation that illustrates who pays for the care of the pet, such as grooming, medical care and purchase of food.

Whilst many couples do not want to think about the possibility that they may part ways, clarifying who should keep and care for a pet avoids lengthy and often costly legal negotiations. 

The issue of where and with whom the pet should live arises more frequently than most people realise and other considerations come into the equation over time, for example, will the children of the family be extremely distressed if their much loved pet does not live with them? Does the workload and travel schedule of the actual owner allow sufficient time for the proper care of a pet? Any legal dispute carries a cost and thought should be given as to whether a reasonable solution can be arrived at without resorting to legal action.

Cameron Jack studied both English law and Scots law and graduated from the University of Dundee. Cameron has considerable expertise in both family law and employment law are is also part of the LGBT+ team at Giambrone & Partners LLP. 

He advises on a wide range of family law, including complex contentious matters. He specialises, in particular, in divorce and financial remedy proceedings, assisting clients with financial agreements and child arrangements. Cameron assists international clients on their family affairs. He also often assists LGBT+ clients and is empathic to the personal circumstances of clients.

Cameron has also advised in high-value financial cases where he has assisted in resolving complicated financial disputes involving assets in family businesses and trusts and is well-regarded by clients.

Cameron's expertise also extends to employment law where he specialises in mediation and dispute resolution. He works tirelessly to resolve complex situations for his clients working tirelessly to resolve complex situations for his clients.

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