Pets & Divorce: New Laws, Pet-Nups & Protecting Your Pet
A lot has changed since we first wrote our article “Who gets the dog” back in 2018. Now we have new dog theft laws in place, a rise in pet nups, and a lot more dogs and cats in UK ownership.
According to the latest 2024 pet population data from UK Pet Food (formerly the Pet Food Manufacturers’ Association):
- 17.2 million households (60%) have a non-aquatic pet
- There are 36 million (non-aquatic) pets in the UK
- There are 13.5 million dogs and 12.5 million cats in the UK in 2024 - an increase of 1.5m each since lockdown.
That’s a lot of pets that need taking care of.
Who gets the pets when you separate
Who actually gets the pet when you separate can hinge on whether you are married or cohabiting.
If you are married, your pet/s will be a marital asset and, therefore, jointly owned by you and your spouse. You will need to have discussions as to who keeps the pet/s early on in your separation, as the details need to be included in your divorce financial settlement/agreement. As with any other asset, if you can’t reach an agreement, then the court can help decide who keeps the family pets.
If you have been cohabiting, then you need to establish who is the legal owner of each pet. You’ll need to be able to prove the following:
- Who purchased the pet. The legal owner is the person who has paid for the pet, but there needs to be documentary evidence such as a receipt.
- Who is listed on their microchip registration (where applicable)
- Who is/are the listed owner/s of pets with the relevant registration organisation, such as the Kennel Club.
- Who is registered as the owner/s at the pets’ vet.
- Who pays for the pet/s insurance.
- Who has been paying what towards the expenses for the pet (food, vets bills, grooming, training, kennels/cattery, livery, etc).
- The current arrangements for the care of the pet.
- Was the pet a gift? If the pet was a gift, then the legal ownership shifts from the person who has purchased the pet to the person who has been gifted it.
Pets and small claims court
When a dispute arises between you as a cohabiting couple, and your pet is jointly owned, you can bring a claim to the Small Claims Court. Once the Claim Form has been submitted, all evidence would be put before a Judge to decide who keeps the pet. The Judge can make the following orders:-
- The ownership is transferred to one party
- The pet is shared by both parties
- The pet is sold, and the proceeds are divided
Be prepared with a pet-nup
If you are worried about what will happen to your pets should you separate, a family law firm such as LGFL can draw up a pet-nup. This works in the same way as a pre-nup (pre-nuptial agreement), only you can make it at any point during your relationship or stage of pet ownership. 30% of couples were considering pet nups to cover their pets back in 2021.
Interestingly, while a human pre-nup is not legally binding, a pet nup is. This is because, in the court’s view, a pet is classed as property and therefore a pet nup is a binding legal agreement when signed by both of you.
Pet-nups do have their limitations, as the Blue Cross website explains:
“There are some parts of the agreement that a court will not enforce, such as lifestyle choices like who takes the dog on holiday or how the cat should be cared for, but deciding these details between you could still help to take the conflict out of a difficult and emotional break-up situation.”
Need help with custody of a much-loved pet? Book your initial 1-hour reduced fee consultation to discuss your situation, and how to keep your family together after divorce or separation.
How many of us own pets?
According to UK Pet Food, of all UK households in 2024:
- 36% have a dog
- 29% have cat/s
- 21% have an indoor fish tank
- 3% have indoor birds
- 1.6% of households have rabbits
- 1.5% have horses and/or ponies
That equates to 51% of all UK adults owning a pet.
Legal status of pets
Under the law of England and Wales, pets are considered chattels, which is a term to describe any item of property apart from land. However, animals are afforded special rights that don’t apply to inanimate objects (goods and chattels).
That’s why the new Pet Abduction Law is so important, It came into effect in August 2024, creating specific offences for dog and cat abduction in England and Northern Ireland. For the first time, it recognises pets as “sentient beings”, as the Gov website says:
“The new law recognises that cats and dogs are not inanimate objects but sentient beings capable of experiencing distress and other emotional trauma when they are stolen from their owners or keepers.”
Anyone convicted of stealing a pet in England or Northern Ireland can receive up to five years in prison, a fine, or both.
However, it’s important to note that this new law states that pet abduction is not an offence if the pet has lived in the same household as a couple before they split. So your ex cannot, technically, steal your pet if it lived with you both before you separated.
Pets in rented accommodation
Finding accommodation for you and your pets post-divorce can be challenging. The law on pets in rented accommodation changed in September 2024, with the introductions of the Renters’ Rights Bill:
“Under the new legislation, tenants would have the right to request a pet – a request which landlords may not “unreasonably refuse”. They may, however, request insurance to cover potential damage from pets.”
Recent research shows that there are actual benefits to landlords who accept tenants with pets. Explaining the research results, Dr Tom Simcock from the University of Huddersfield said:
"Our new research busts the myths about renting to pet owners. We find that renting to pet owners can be financially viable and beneficial for landlords. Pets are not a major risk, and in fact, pet owners tend to stay longer in their properties.”
More about pets and divorce
For more details on how divorce and separation affects all kinds of pets, and the impact on children of potential separation from their pets, and shared custody of the dog, please see our original article.
Caring for all the family during divorce
At LGFL we always consider pets to be part of your family. As dog and cat owners ourselves, we know first-hand the bond that builds, and how difficult it can be when pets are suddenly not there for whatever reason.
If you’re struggling to come to an agreement that includes all the family members, contact us to request your reduced fee initial consultation at our discreet offices just outside Reading.