The breakdown of a relationship is never an easy time, and even if the separation is somewhat amicable, the divorce process can still put a lot of strain on all parties involved. If a couple has children together then naturally decisions will be made with their best interests in mind, but what happens if you also share a beloved pet? Whether you have children or not, pets are often considered an important member of the family and some couples enter long and expensive disputes over who gets to keep any shared pets.
These situations can be upsetting and stressful for everybody involved, so it’s important to know your rights before you enter into any legal disputes. If you’re currently going through a divorce or separation and what to know more about the law surrounding pet ownership and how to proceed, read on for our handy guide.
How is pet ownership legally decided?
Dedicated owners may disagree, but pets are considered property under UK law so they’re classed in the same category as items like furniture during the divorce process. Ideally, couples will reach a mutual decision on custody of their pets, but if this isn’t possible then the courts may have to intervene.
If one party has proof of ownership in their name then the court will almost always rule in their favour, and the legal owner has no binding obligation to give the non legal owner access to their pets. Aspects that will be taken into consideration include:
●Who bought the animal
●Who the key provider is
●The name on any tags or microchips
●Who is registered with the vet
It’s best for all parties if a couple can come to a mutual decision outside of the courts, but unfortunately this isn’t always possible. Before you go down the legal route, sit down calmly with your partner and discuss which scenario has your pet’s best interests at heart. This can be difficult as emotions are running high and people get very attached to their pets, but reaching a decision together is better than spending a lot of time and money going through the courts.
The best decision will partly depend on the type of pet you have; for example if you’re splitting custody of a dog, it's important that both parties have the time and resources to care for the animal on their own for set periods. Come up with a schedule that suits you both, whether that’s one person looking after the dog on weekends, or splitting it into longer chunks such as one month on one month off. Cats tend to be more difficult as they become more attached to their environments. If possible, the cat should stay with whoever is remaining in the shared home, or if you’re both moving, consider aspects such as space, outdoor areas and location to decide which property is most suitable.