People are encouraged to think about who is best placed to care for the pet after they have separated — here's what you need to know.
Pets of all shapes and sizes are often treated as fellow members of the family, and for those families what will happen to the family pet if a relationship ends is an important question.
Often there will be evidence that one person is the main carer of the pet, or it may be possible to establish who bought the animal. That information may assist in resolving where the pet should live.
Families are encouraged also to think about who is best placed to care for the pet after you have separated, and whether any children would be affected by the decision.
What happens to pets when a couple divorce and can’t agree?
Whilst they are often cherished members of the family, during a divorce all pets are classed as chattels, or personal possessions. That means that they are treated the same way as furniture or other household objects would be during a divorce, and ownership can be transferred between the parties.
More often than not, the pet will stay with the person who bought it, unless it was gifted and then the recipient would most likely keep the pet. However, in 2025 the Family Court published the case FI v DO [2024] EWFC 384 in which ownership of the family dog was considered. The Judge determined that whilst evidence about who purchased the dog was relevant, of more importance was the evidence about who cared for the dog and where its true home was. Whilst reiterating that family pets should continue to be treated as chattels, this was really the first time that a judge looked beyond strict financial ownership and considered where the dog might be best placed.
The best approach is to try and reach agreement about where your pet will live, but if you are unable to do so the family court will decide.
Can I prove ownership of my pet?
It may be possible to provide proof of purchase, although if the pet has been gifted to the family or a family member that can change the court’s approach.
A Judge will look at evidence of who cared for the pet, in whose name the microchip is registered and who has arranged and paid for veterinary care.
The Judge will also look at what arrangement is best for the family. Will both parties live in a house that allows/caters for a pet? And what would be the impact on the children if the pet lived with one parent rather than the other?
Should I get a Petnup?
Similar to a Prenup, a Petnup will set out what should happen to your pets if you separate or divorce.
The Petnup can be tailored to your family’s circumstances, and they typically include arrangements for who cares for the pet, who pays the vet and insurance fees and whether the other person is having ‘visitation’ rights. Quite often a family dog will travel with children between the parents, but that may not always be appropriate.
The Petnup can form part of a wider Pre-nuptial agreement and can therefore include other agreements you may have reached about what would happen if there was a separation.
What if I can’t afford to keep my pet after the divorce?
Depending on your circumstances, you may be able to claim spousal maintenance from your ex-partner. In those circumstances, you would produce an expenditure budget of your outgoings which would include the costs of caring for your pet. The court would then consider what is reasonable, and what your former spouse can afford to pay.
What can I do if we can’t agree who will keep the family pet?
If it is not possible to agree this with your ex-partner, then you could consider attending family mediation which would allow a neutral third party to help you find a compromise.
Should mediation not be successful, your pet would be considered as part of your overall financial settlement and can be included in negotiation between solicitors or ultimately in a court application.
How does the judge decide who keeps the pet?
As explained above, the judge will look at a number of factors including who paid for the pet, who cares for it and who buys the food and pays the vet bills.
However the judge may also look at the love afforded to your pet, and who is going to be able to provide a suitable and caring home for the animal to live in after the divorce.
Can my ex simply take our pet after we separate?
As explained above, pets are considered to be chattels and are owned by the person who either acquired them, or received them as a gift.
Advice should be taken before removing a pet, but if your ex-partner can prove they are the rightful owner they may be entitled to remove the pet.
Is it reasonable to keep horses after a divorce?
One of the more common animal issues relates to the upkeep of horses or pets with a significant value. Horses are typically expensive to purchase and maintain, with high ongoing costs and care requirements.
If you are able to meet those costs from your own income, then it is likely you would be able to keep the horses after your divorce. However, if you aren’t able to afford the cost, then the court would look at whether it is reasonable and affordable for your former spouse to contribute.
If the horses have a significant value, then this may be a factor when looking at an overall financial settlement. As with pets, horses will be treated as chattels and may be valued by an expert.
For further guidance on how to deal with issues surrounding family pets on relationship breakdown, contact our family solicitors.
A version of this article was first published on 17 Jul 2024
