It is an extremely difficult and emotional time when separation
There is so much to consider, such as property matters, finances, assets and most importantly children if there are any.
Another thing clients often ask me about is pets. Who cares for them? Who pays for their needs?
In most cases, a couple will see their pet as a part of the family, like children, and the thought of being separated form them can be heart-breaking.
What can be done to help and reassure separating couples? Here are some of the most asked questions with the answers;
What is the law in respect of pets when divorcing/separating?
In England and Wales, pets are classed as ‘chattel’ meaning they will be treated as an item of personal property; a matrimonial asset upon divorce.
However, UK law does not make provision for how a Court will decide who can keep the family pet.
Who gets custody of the family pet in divorce/separation?
Although pets for some people are seen as their children, sadly the courts will not necessarily take this view. The judgment can come down to who purchased the pet, whose name is it registered in, whose name is on the microchip, who has funded the pet’s care (food, vets bills, insurance), which party is financially stable enough to support a pet and who has the most suitable home for the pet.
A court may not wish to disturb the security the pet has in the family home. It may not just be a case of how much love or care you have afforded your pet if you did not pay for it.
In the event you did jointly purchase your pet, the love and attention provided may carry some weight in these circumstances, alongside the position of the above points, i.e. pets bills, food etc. The Court will base the decision on the facts/merits of the case. The issue of the pet being a gift may also arise alongside determining who it was gifted to. It would be more beneficial and less costly/time consuming to agree any decisions amongst yourselves amicably or with the help of a mediator.
The outcomes can be a case of transferring ownership/pedigree from one person to another or the couple sharing custody and maintenance costs of their pet.
If you were in a cohabitee relationship and you have separated, the view taken by the court can be stricter in simply looking at who made the purchase and transferring ownership to that person, rather than looking at the level of care and attention afforded. The Court will want proof of the same and may apply stricter terms given the harsh nature of cohabitee law.
Who pays for maintenance costs of the pet upon separation?
It is more beneficial if separating couples can agree this amongst themselves rather than arguing over such a sensitive matter in court, which can add to the stress of events.
If it is a case that the pet costs have always been shared then this can of course continue, even if separated with shared care of the pet. If ownership is transferred to one person, then costs may run with the person who now has ownership. This will all depend on what agreement can be reached between parties.
For cohabiting couples, any agreement reached can be incorporated into a Separation Agreement.
Can you have joint custody/shared care of the pet?
You can have joint custody of a family pet.
There was a high-profile case of Ant McPartlin and Lisa Armstrong regarding their pet dog Hurley. The Court granted shared custody on a week-by-week basis. Arrangements can be agreed between parties amicably or at Court regarding this, and depending on the facts as outlined above.
However, pets are not something the court will wish to place focus on, in comparison with children and property matters, which will take priority.
Can you have a pet nuptial agreement?
Separating couples can request a pet nuptial to be drawn up, but when resolving assets upon divorce, it may be wise to include pets in a Prenuptial Agreement. This would be the easiest way to avoid any difficulty or contention. This will set out any agreements reached, such as marital assets and pets, namely who will care for the family pet, who they belong to and who they will live with upon separation.
For cohabiting couples (no intention to marry), you can enter into a Cohabitation Agreement.