Even the most amicable separation can have tensions if a beloved pet is involved. The law still remains that a sentient animal is still treated the same as an inanimate object when dividing belongings. Though the majority of pets are cats and dogs, the number of small pets including rabbits, guinea pigs and hamsters are increasing as well as birds, reptiles and fish. So what happens to these?
If the pet has been brought for a child then it would be usual for the pet to remain with the child or in the household where the child spends the greatest time. With other pets, arrangements will need to be agreed and where costs have been shared then this can make any decision more difficult and emotive. With some animals, dogs in particular, then agreements can be reached sharing the animals’ care, but for some pets this simply is not practical. Mediation and arbitration are possible options to help parties come to an agreement, or failing that, an application to the court. The court remedy does though have the potential of the judge deciding that the pet will have to be sold, which it would be hoped that neither party would want.
If there is a dispute over who owns the pet, then ownership will need to be established though means such as:
Who purchased the pet
Who pays any insurance
Who pays any healthcare plan
Who is the registered owner
To try to avoid disputes then ‘petnups’ can be entered into when a pet is purchased or agreements in respect of pets can be included in pre or post nuptial agreements. Currently under English law these types of agreement are not legally binding, but in the event of a separation can show the intentions and any agreement which parties may have had in respect of the pet.
The hope would be that the welfare of the pet would be the priority of the parties rather than just focussing on ownership as one party may be more suited to look after a pet especially if it requires specialist care.
With the growth of more unusual and exotic pets the concept of being able to share the animal after separation is not always going to be an option. There are also going to be cases where one party will be very happy for the other to keep the pet.
In the case of my rabbits then who else apart from me would want these four furry critters with their foibles of eating bag straps, leaving hay everywhere and me now being on first name terms with the whole vet surgery?
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