One subject that I have regularly covered in my blogs, is that of pets and their treatment on separation and divorce. The legislation that regulates this remains in place from a time when most animals were regarded as simple belongings which can be seen as at odds to modern life when considering how attitudes towards pets and animal welfare has evolved.
There have however been recent developments and can we look forward to changes? The Pets on Divorce Working Group formed by Estella Newbold-Brown and Sarah Lucy Cooper in late 2024 is focussed on changing the law in England and Wales so that pets are not treated as inanimate objects. They have successfully raised the profile of this subject including drawing it to the Baroness Berridge’s attention who addressed the issue of pets being treated as chattels during a prenuptial debate in the House of Lords. Also the decision in Fi v Do [2024] EWFC 384 steps away from the presumption that if you can prove you purchased the animal it should belong to that party. District Judge Crisp took the view that the person who should have the family dog was the party who had been primarily caring for the pet over the last 18 months rather than the person who had purchased the animal.
To some owners a pet is still simply an item and that they are treated as chattels as currently defined under the law is right as a dog, cat or goldfish cannot articulate their wishes and feelings, but this definition has allowed pets to become bargaining chips whereby the emotional attachments and the animal’s welfare can be disregarded.
Arguments over pets can be incendiary, especially where one party is weaponizing the animal knowing that this will cause emotional angst to the other party. Just because a person bought a pet does not mean that they are the best person to keep that pet after separation.
To try to minimise the wrangling over beloved animals, pet nuptial agreements can be entered into at an early stage to help regulate the intentions of how the parties are going to care for and pay the expenses associated with their pet. These are not legally binding, but they can set out the intention of the parties as to what should happen to their pets on separation. These can be completely separate documents to prenuptial or co-habitation agreements and can be solely in respect of the pet whether it be a dog, rabbit, cat or other creature.
That there has been recognition of the bond of a pet to the primary carer and that a dog should not simply be returned to a party because they purchased it, are important steps forward in the consideration of the impact that separation has on pets. However, without updated legislation it remains that a pet has the same standing as a chair. With the work of The Pets on Divorce Working Group can we hope that there is change on the horizon? In the meantime pet nuptial agreements are a small way in which intentions in respect of pets can be recorded.
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