Pets on Divorce: Who Gets the Dog and What Is a Pet-Nup?

When people discover you are a family lawyer, one of the most common questions they ask is ‘Who gets the dog?’ In our experience, this can certainly be one of the most emotive issues in a divorce. Our pets can be the most important companion in our lives and are often treated as much loved family members.

Therefore, some might be surprised that legally, a dog is one of the belongings, and technically would be treated no differently from a dining table.

The Case of FI v DO: How the Court Decided

In 2024 a family court considered what should happen to the family pet, in an anonymised case it called FI v DO. The case concerned the family’s dog, a golden retriever puppy. The husband sought shared care, similar to the arrangements for a child, and the wife sought to have the dog residing with her and the children.

Each party gave evidence on who had purchased the dog, with the husband saying he had paid the purchase price, and the wife saying that the dog had been purchased with mixed funds including money from the children’s savings. The wife was the registered keeper at the Kennel Club and the dog had lived with her since the couple had separated. The husband said the dog was registered as his emotional support dog to assist with his anxiety and depression.

In a peculiar side note to this case, the court heard about an occasion in 2022 whereby the husband had tried to take back the dog from the children’s grandmother while it was out for a walk. The court found it telling that when this occurred the dog tried to run away, and was dragged by the husband, until it escaped and ran back to the wife’s home. The husband was arrested and reported to the RSPCA. The court later found that the husband had not actually registered the dog as his support dog until 2024, after the separation.

The Judge felt that the pivotal factor in the case was not so much who had purchased the dog, but who had cared for it. By the time of the hearing, the dog had been living with the wife for 18 months. The Judge described the wife as compassionate and said that her evidence ‘was far more in tune with someone who has the welfare of the dog at heart’. She decided that the dog should remain with the wife and children.

How Courts Generally Approach Pets in Divorce

Generally, judges might be unwilling to spend court time dealing with where a pet should live. The law can and often is applied more strictly, and it is quite possible that the family pet could be treated in exactly the same way as other ‘chattels’. Potentially, as with any other chattel, the court could even order that the pet is sold and the proceeds divided between the parties.

What Is a Pet-Nup?

As a way of avoiding future litigation, some pet owners choose to try and regulate what might happen with their beloved pet in the event of a separation, in the same way as they might use a pre-nuptial agreement.

As with a pre-nuptial agreement, a ‘Pet-Nup’ is not legally binding, but it is far better to have one than not to have one. It is a good idea to include things a court would not deal with such as who the pet will live with, who pays the vet and food bills, and even who makes any end of life decisions.

While the court has recently been willing to make a decision over where a pet should live, it is more likely that there will be reluctance for any more detailed involvement in issues such as where a pet might spend its time or which party will be responsible for its expenses. The court system is over-stretched and parties might find that judges have no desire to hear or decide these detailed issues.

It is not surprising that some pet owners do not wish to take any chances, and would instead prefer to explore their options, and put in place a ‘Pet-Nup’ evidencing what they have agreed to any future divorce court. If you would like advice on any of these issues, please do not hesitate to contact us.

📧 WiddowsMason@hcbgroup.com
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