When couples separate, much of the focus tends to be on dividing financial assets and property. But one issue is increasingly taking centre stage in divorce cases: who gets to keep the family pet?
Historically, English and Welsh law has treated pets as “chattels” – in the same legal category as a piece of furniture or a car. But for many, a pet is much more than that. It’s a companion, a source of emotional support, and a beloved member of the family. Now, this long-standing legal approach is being challenged, both in the courts and in Parliament.
A recent case – FI v DO [2024] – marked a significant moment in family law. The court ruled that the family dog should remain with the wife post-divorce, acknowledging the relationship between the individual and the pet. This is one of the first times a court has directly considered a pet’s best interests in a matrimonial dispute, setting a potential precedent for future cases.
The law is slowly starting to soften. The courts are increasingly being asked to consider the emotional significance of pets during separation. In some cases, they are becoming the primary concern in negotiations, even ahead of financial settlements.
At the same time, public momentum is building for legislative reform. A petition is currently being circulated calling on Parliament to legally distinguish pets from other types of property in civil and family proceedings. The proposal aims to ensure that courts consider a pet’s welfare – not just ownership – when making decisions during separation or divorce.
There’s growing recognition that a ‘one-size-fits-all’ property law approach no longer reflects the realities of modern families. While informal arrangements – such as shared “pet custody” -have previously been dismissed or even mocked, they are becoming more mainstream as courts and the public acknowledge the emotional value of animals.
Of course, disputes over pets are still complex. Questions such as who the pet lives with, who pays for their care, and who holds the stronger bond are difficult to resolve, particularly when both parties have shared responsibility. But with the recent legal developments and public debate, there is real potential for change.
At Hugh James, we understand that pets are more than possessions. Our family law team provides practical and compassionate support to help individuals navigate these sensitive issues. Whether through mediation, negotiation, or court proceedings, we work to find outcomes that respect both the emotional connection and the practical considerations involved.
