News & Insights

For many families, pets are not just animals; they are companions and beloved members of the household. Yet when a relationship or marriage breaks down, deciding who keeps the family dog, cat or other pet can become one of the most emotionally charged decisions a couple must make.

How are pets treated in divorce?

Historically, the law has classified pets as personal property – no different from a car or a piece of furniture. Ownership was simply determined by who paid for the animal or whose name was on the insurance.

However, the legal landscape is shifting. In a significant move away from this rigid property-based approach, family courts are increasingly prioritising animal welfare.

In the recent landmark case of FI v DO [2024] EWFC 384, family courts started to consider a more meaningful question: who does the pet see as their primary carer?

Rather than focusing solely on financial contribution, courts are now considering:

• Who provides daily care and routine
• Where the pet is most comfortable
• The emotional bond with family members, particularly children

How can future arguments about your pets be prevented?

To avoid future disputes, we recommend taking proactive steps now:

✔ Early conversations

Discuss expectations and concerns about your pet before purchase or adoption.

✔ Focus on welfare

Think about stability, routines and where your pet is happiest.

✔ Document caregiving

Keep records of who pays for food, insurance, veterinary visits and daily care.

✔ Plan ahead

Whether you’re getting married or moving in together, a Pre-Nuptial, Post-Nuptial, or Cohabitation Agreement can legally establish your pet’s future care, helping to prevent potential conflicts later.

These agreements can specify arrangements upon separation including but not limited to, who will keep the family pet as well as financial arrangements for your pet’s care. Such agreements can save you both significant distress, cost and time in what can be an emotionally difficult period.

At Laceys, our private Family Law Team, Sara Gilak and Charlotte Grant understand the importance of planning for the future. With their expertise and compassion, they can guide you through the process of planning for your future and ensuring your pet’s welfare remains top priority.

Don’t leave your pet’s future to chance.

We offer an Initial Fixed Fee appointment, giving you the chance to meet with us and discuss your goals. We’ll help you put a fair, robust agreement in place, reducing stress and uncertainty should you decide to separate or divorce in the future.

To book a fixed fee appointment, please do not hesitate to contact Sara or Charlotte at s.gilak@laceyssolicitors.co.uk and c.grant@laceyssolicitors.co.uk.