Who gets the dog? Your in-depth guide to pets and divorce
It’s often a major bone of contention in any divorce where non-human family members are involved: who gets the pets. In our own experience alone, we’ve heard spouses say; “S/he can take what they want, but I’m keeping the dog.”
Pets and divorce
This isn’t unusual. Research by the Dog’s Trust charity in 2014 revealed that:
- 27% of dog-owners who were in a relationship said that their dog would be the most important thing they would claim if they split up
- 20% said deciding who would get the dog would be as stressful as arrangements for children
Sadly, there was also a 290% increase over the previous few years in the number of dogs being rehomed as a result of relationship breakdowns.
Others were taking a more practical approach, as:
- 30% of couples were considering pre-nups (or should that be a pre-pup) to cover their pets
Love me, love my dog
It’s hardly surprising that as a nation of animal lovers, we place our pets at the centre of family life. According to Mintel,
- 56% of UK households include a pet
- 33% of men own a dog, and 27% own a cat
- 32% of women own a cat, and 29% own a dog
- 10% of households own fish
- 7% of households own small mammals (guinea pig, rabbit, mice, etc)
The feel-good factor
Over half of pet owners say their pets make them feel:
- Happy (66%)
- Loved (55%)
- Relaxed (54%)
- Comforted (51%)
Legal status of pets
Under the law of England and Wales, pets are considered to be chattels, which is a term to describe any item of property apart from land. Having said that, animals are afforded special rights that don’t apply to inanimate objects such as cars or jewellery (goods and chattels). We have criminal anti-cruelty legislation in place in the UK** that places a duty of care on an owner, and you are not allowed to legally buy a pet if you are aged under 16.
The Animal Welfare Act 2006
According to the Cats Protection charity:
“The Animal Welfare Act 2006 contains provisions which are aimed at preventing cruelty and promoting and ensuring the welfare of animals… In addition to cruelty offences, the Act now places an obligation on owners … to ensure that their welfare needs are met, emphasising the need:
- for a suitable environment – place to live
- for a suitable diet
- to exhibit normal behaviour patterns
- to be housed with, or apart from, other animals
- to be protected from pain, suffering, injury and disease”
Pets and children
73% of households with children aged under 16 include a family pet. The departure of a pet due to separation or divorce can hit children particularly hard. Suddenly, they are denied access to a beloved friend who will just listen, not judge, and offer (usually) unconditional love in return. At a time when their world is being turned upside down, a pet can be a constant that children depend on for companionship, reassurance and comfort. If that is removed, it can cause children further distress.
Pets in rented accommodation
If your divorce results in you leaving the family home, finding suitable rental accommodation for you and your pet/s can be remarkably difficult. Many landlords will simply not let you keep pets, severely limiting your choice of accommodation and location. The rental accommodation that does, may be further away from your work, your children and your existing social network and support. It may also be just plain unsuitable - it’s hard for a free-roaming cat, a large energetic dog, or a rabbit used to a run on grass in the back garden to adjust to life in a flat, for example.
Benefits of pets for landlords
If you’re struggling to find landlords willing to take pets, an article in the Daily Telegraph offers some advice. The article suggests that ‘pets considered’ rentals can be a good move for landlords looking to increase their pool of potential tenants, since:
- Pet owners can be charged a (small) premium
- Pet-owning tenants will probably stay longer as it’s tricky to move onwards
- Dogs provide round the clock security for a property
- Not all dogs are the same - landlords can ask for a doggy CV and references!
That’s why there are a growing number of letting agencies offering pet-friendly rental accommodation under the Dogs Trust Lets with Pets initiative. As Susie Jones, Development & Relationship Coordinator at Dogs Trust, says:
“Dogs Trust knows from experience that some people will go to extraordinary lengths not to be parted from their pets. People have moved areas or rented larger homes than they need simply to keep their pets with them. We hope that the Lets with Pets campaign will encourage and support more landlords and letting agencies to take up a ‘pets considered’ approach to letting their properties.”
Caring for a pet on your own
Pets need care as much as any other member of the family. However, it’s important that if you’re the parent taking the pet, you have both the time and resources to look after it. Pets are, as every owner knows, expensive. They need to be insured, fed, get their annual vaccinations, have regular dental and health checks, be groomed, walked - and loved.
When a relationship breaks down, therefore, it can put both a considerable extra financial and an added welfare obligation on the person who takes the pets. At a time when you need to continue working to keep the income coming in, you may need to arrange extra care for pets, including doggy day care, pet walkers, kennelling when away on business, and more. A suitable financial settlement can certainly help cover the expenses, but the time involved should be factored in too
Co-parenting a pet
In an ideal world, most couples would envisage them sharing a loved pet between them, perhaps alternating care as they do with the children. In practice, it almost never works. Dogs could travel with kids in the car from one home to another, but they will often find it unsettling to constantly be changing locations. With outdoor cats, this kind of co-parenting is almost impossible, as they will be exposed to different dangers in different locations, not to mention other territorial felines.
Pets as bargaining chips
Sadly, some absent parents have used family pets as methods to gain extra contact with their children. If the absent parents have the family pet(s), children are more likely to want to visit them. We have even heard of clients who have bought a puppy to ensure the children want to visit as often as possible, much to the resentment of the other parent who sees this a deliberate attempt to manipulate.
This is not a constructive way forward, and certainly not one we would suggest, given that a dog is for life, not just for the kids. Do bear in mind that many breeds of dogs, cats and almost all horses will potentially outlive the average UK marriage!
- Average marriage duration = 11.6 years
- Lifespan of a Yorkshire terrier = 15-17 years
- Lifespan of a horse = 25-30 years
No home for the dog
“Determining who keeps the family pet can be one of the toughest decisions to make when going through a divorce or separation. At Battersea, we understand home circumstances change and the most difficult but responsible decision may be to bring your dog or cat to a rescue centre, where the best possible home will be found through a detailed adoption process.”
Never advertise your dog for sale or “free to a good home”. Many buyers from these kinds of ads are not genuine, have only profit in mind, and will use the dog for puppy farm breeding, fighting or worse.
Pet ownership and pedigree ownership
While most family pets are just that, pets, some have a considerable monetary value too. Pedigree pet animals and livestock will have a registered owner, and taking on the animal’s care could potentially involve transferring ownership. This takes time and will involve keeping cordial relations with your ex, as the paperwork can be quite involved. For pedigree dogs registered with the Kennel Club, for example, only the registered owner can transfer ownership.
For pets, perhaps the most important thing you need from your ex is the account number and password for your pet’s microchip. By law, all dogs must be microchipped, but you can also microchip cats and rabbits. As the pet’s keeper, you are then responsible for registering and updating that microchip with an online service such as Petlog. Should your pet escape or be stolen, and its collar removed, anyone finding that dog will scan its microchip to establish who it belongs to. If the details are incorrect or out of date, there is no way to trace you and bring your dog home.
Divorce and horses
- Finding suitable stabling/grazing and/or livery at short notice
- Moving horses and ponies to a new location, and associated costs
- Time and effort required for rehoming horses if you are under financial strain
- Stress of rehoming to all concerned
- Problems of finding rental accommodation close to horses
- Ensuring continual access for children to their horses
Children and their ponies
As the parent of any horse-crazy teenager knows, the bond between child and pony can be very strong. Often, it’s also their major hobby, their social world, sport, and maybe a career ambition too. If both parents can be involved, it can ease the financial and time demands, and creates a common ground between the separated parents and the kids. Consider the benefits of:
- Quality time with children driving to and watching competitions
- Enjoyment of a shared enthusiasm/hobby
- Stability and security of keeping a loved pet for children at a difficult time
As with dogs, a horse must be microchipped before it is six months old by a qualified vet. Under the Horse Passport Regulations 2009 legislation, all horses must have a horse passport before it can be sold or moved. So, if you need to relocate a horse, pony, or donkey as a result of splitting with your spouse, you’ll need their horse passport with them at all times.
Each passport is linked to the animal by their unique microchip code, and acts to prove its identity. If you gain custody or ownership of a horse as part of your divorce settlement, you will need to inform your Passport Issuing Organisation (PIO) within 30 days. If you cannot provide a valid horse passport for an animal in your care, you may be liable for an unlimited fine.
Pets and divorce in Alaska: the future
It may seem an unlikely location for forward-thinking divorce laws, but Alaska is leading the way in pet-inclusive divorce legislation. In January 2017, Alaska became the first US state in the country to pass legislation that requires courts to take into consideration “The well-being of the animal”. It also empowered judges to assign joint custody of pets, and allows courts to include family pets under protective orders for domestic violence.
As specialist animal law professor David Favre said:
“For the first time…a companion animal has visibility in a divorce proceeding beyond that of property — that the court may award custody on the basis of what is best for the dog, not the human owners.”.
The legislation was warmly welcomed by organisations such as the Animal Legal Defense Fund, whose US attorney noted that:
Caring for all the family after divorce
Much as the current laws in the UK may disagree, 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. Our aim is to ensure that, like all your family, they are provided for in any divorce settlement. We also appreciate that any ‘pet custody’ agreement should cover the welfare of the animal and its day-to-day care, not just paying for the bills.
If you’re struggling to come to an agreement that includes all the family members - four-legged, feline, fishy or furry – do contact us. Our sympathetic and pragmatic approach to divorce has won high praise from clients and from the Legal 500. Call us to arrange a free 30-minute consultation at our discreet offices just outside Reading, located just five minutes from the dog-friendly Wellington Country Park!.