In 2021 after a surge in pet ownership during lockdown it was estimated that over 17 million households have pets, but what happens to the animal(s) on a relationship breakdown? Though many pets are treated as members of the family, despite the Animal Welfare (Kept Animals) Bill potentially bringing in the distinction between a dog (and other pet) and a piece of property, as of yet on separation and divorce the law does not distinguish between a beloved animal and a piece of furniture.
The court’s preference is that arguments in respect of chattels (under which pets are classed) are resolved between the parties and all cases will depend on their own unique facts. Legal fees in going to court for arguments of this sort usually end up costing more than the worth of the item, though for many people the value of a pet cannot be quantified in monetary terms.
Mediation and arbitration are both possible options to assist parties to come to an agreement if they cannot resolve the arrangements in respect of the animal(s) themselves. If parties can simply not come to an agreement, then there is always the remedy of applying to the court to decide, but there is always the possibility of the court ordering the animal to be sold and the proceeds divided between the disputing parties. With a family pet, especially if children are involved, then it would be hoped that a solution can be reached without having to resort to this drastic outcome.
To try to avoid disputes regarding an animal on separation ‘Petnups’ can be entered into on acquiring a pet or agreements in respect of pets can be incorporated into a more encompassing pre or post nuptial agreement. These can also help set out agreement as to how the pet’s expenses will be funded and arrangements for day-to-day care. Under English law these types of agreements are not currently legally binding, but in the event of divorce then a court can consider the agreement as part of the matrimonial financial arrangements.
With the introduction of a distinction being made between a dog and a piece of property in criminal law, and also the recognition of animal sentience in the Animal Welfare (Sentience) Bill, then will future legislation require an animal’s feelings to be taken into account on a relationship breakdown?
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