Legal Director
Greene & Greene SolicitorsP
Is it always difficult for the parties and their family when going through divorce or separation, but what happens to the family pets? This is a growing issue given that since the start of the pandemic many households in the UK have acquired a pet for the first time, and some have spent hundreds or even thousands of pounds on their pooches.
Pets are considered to be an asset and are classed in the same category as other valuable items like cars & jewellery. Ideally, separating couples should reach a mutual decision as to who retains the pets, but if that is not possible then what happens?
Some dogs are registered with the Kennel Club and therefore in this scenario one party will be able to prove they are the registered owner of the pet. If there is no such record, other factors can be taken into account to try and determine who the owner is, such as who cared for the pet, who bought the pet, the owner name on any microchip or the name of the person registered with the vets.
Overall the parties would be encouraged to try and settle the matter between them, and ultimately focus on the pet, in terms of who will have the most time and resources to care for the animal, rather than focusing on their own needs. If discussions do not work then the parties could consider mediation to try and work through the issue (as well as any other outstanding issues which may be in dispute).
If the parties cannot reach agreement they would be entitled to apply to the Court to deal with the issue as part of the divorce proceedings (financial remedy) and the Court’s approach to the issue would be the same as for any other asset. Although either party would be entitled to take the matter to the family court, unless the value of the pet is significant or there are other financial issues in dispute, the Judge would likely take a dim view of Court disputes regarding family pets. This is in light of the likely disproportionate legal costs and the limited resources of the Court.
If parties are unmarried then the advice would be that if agreement cannot be reached, either party may apply to the small claims court in the same way that they could seek to recover any other asset.
This article is only intended to be a summary and not specific legal advice.
About Emma Alfieri
Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.
Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.
A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.
Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.
As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.