“Where will our dog live after our divorce?”

When assets are divided on divorce, some are more difficult to let go of than others. A range of emotions can be wrapped up in these possessions. However, ownership of a family pet is almost always a difficult discussion.

Some couples are able to agree an arrangement that sees the pet living with one but still having contact with the other (similar to an arrangement for children) but what would a family court decide if no agreement could be reached?

In family law, typically pets are regarded as personal property i.e. chattel. In Fi v Do, the family dog was considered as part of the financial remedy proceedings.  There were conflicting accounts of who had bought the dog, and various other issues including around the husband registering the dog as a disability support dog to help with anxiety and depression.

The question of who principally looked after the dog was vital. The court said that the question of who purchased the dog isn’t as important as who the dog currently sees as its carer (not who may have previously looked after it). The dog had been cared for solely by the wife for 18 months since the couple’s separation - a long time in a dog’s life. The court found the wife’s evidence compelling and it showed she was a person who understood dogs, was compassionate and would always put the dog’s interests first. The dog’s home was with the wife, the court said, and it would be upsetting for the dog and for the couple’s children if that were to change. (Also, the father had managed without the dog for 18 months and doesn’t seem to rely on it for support.)

The court’s regard for the dog’s welfare in this case confirms what owners already know: that, far from being mere possessions, these animals are much-loved family members. As lawyers who help people navigate divorce, we understand the emotional attachment owners have to family pets and we help put the best arrangements in place, without involving the court wherever possible.

To speak to us about divorce, or about dividing assets in particular, contact our team on family@bsandi.co.uk or call us on 01264 353411.