For many couples, pets are more than just animals—they’re beloved family members. But what happens when a relationship ends? Deciding who keeps the pet can be an emotional and complex issue, especially if both parties feel a strong bond.
Are Pets Considered Property in Divorce?
Under UK law, pets are classed as personal property, just like a car or a watch. This means that in divorce or separation proceedings, ownership is usually determined based on who purchased the pet, whose name is on the microchip, or who has been financially responsible for their care.
However, recent legal cases suggest that courts are becoming more aware of the emotional significance of pets and may take their wellbeing and living environment into account when making a decision.
Key Factors the Court May Consider
If a pet’s ownership is disputed, the court may look at:
✔️ Who purchased the pet
✔️ Who pays for vet bills, food, and insurance
✔️ Who provides the majority of care
✔️ Whether the pet was given as a gift
✔️ What is in the pet’s best interests
Case Spotlight: A Sign of Changing Attitudes?
In the case of FI v DO [2024] EWFC 384 (B), the judge had to decide who should keep the family dog. While pets are technically property, the court acknowledged the deep emotional connection both parties had with the dog.
Rather than treating it as a simple asset, the judge considered the dog’s welfare and stability—ultimately ruling that the pet should stay with its primary caregiver.
This case highlights a possible shift in legal thinking: when ownership is unclear, the court may begin to prioritise the pet’s best interests over strict legal entitlement.
Growing Pressure for Legal Reform
Currently, there is a nationwide petition calling for changes to how pets are treated in legal disputes. The campaign aims to ensure courts consider pets as more than just property and proposes that:
- A pet’s welfare should be the primary concern
- A pet’s value should reflect emotional worth, not just market price
- Pet-related legal cases should be fast-tracked to minimise distress
This growing movement aligns with public sentiment—according to a 2024 Dogs Trust survey, 99% of dog owners view their pets as family. Campaigners believe it’s time the law caught up.
👉 If you’d like to support the campaign, you can sign the petition here: https://bit.ly/petlawpetition
How to Avoid Pet Disputes in Divorce
To prevent a difficult legal battle, consider:
🐾 Pet prenups – A written agreement on who keeps the pet if you separate
🐾 Ownership records – Keep receipts, microchip details, and vet bills in your name
🐾 Mediation – Work together to reach an amicable agreement outside of court
Final Thoughts on Pet Custody and Separation
While the law still treats pets as property, there is growing recognition of their emotional importance—and increasing public demand for change. If you’re facing a dispute over pet ownership, seeking legal advice early can help ensure the best outcome for everyone involved—including your furry friend.
💬 Need guidance on pet custody during a separation?
Get in touch with our family law team for clear, compassionate advice.
Article by Shabina Bi
