Forget about the house, who gets the dog?

Who keeps the pets on separation?

Pets have long since been part of families all over the country and so it is unsurprising to hear that more and more frequently they are at the heart of any separation dispute.

Many people will consider that the question of who will care for the family pet after separation should be a carefully thought out one. Some will deem it as important a decision as where the children will live and should be treated as such.

The approach previously taken by the Courts in England and Wales upon separation did not allow for considerations to be made regarding the welfare of any pet or the emotional ties the parties will have towards them. The harsh reality was that pets will be considered as property, much like a sofa or a car.

Lately, however there has been some positive movements in recent cases where Judges looked at the welfare of the pet and the effect on the family members of them being separated, rather than just who purchased the animal.

However, ideally, it is of course best to avoid a contested court battle and the emotional ordeal of fighting over who the pet should live with and who they should spend time with upon separation. 

Any agreement regarding the care of the animal on separation should be formally recorded. A ‘Pet-Nuptial’ agreement can be entered into between parties to clearly set out the arrangement for any pet in the event of a separation or the end of cohabitation.

Alternatively, if parties are due to be married or are married, a Pre-Nuptial or Post-Nuptial Agreement or in the case of cohabiting couples, a Cohabitation Agreement, can include the agreement in relation to any pets along with other considerations that would be made on separation.

If you would like further information on these agreements, or any family matter, we offer a discounted first meeting to discuss any family matter, including divorce, finances, children, and domestic violence.  Contact Michelle Ellis by calling 01449 613 101 or email michelle@gudgeons-prentice.co.uk.