Jenny Waite
Family & Divorce Law
Pets in family law – is there a call for a potential change in law for pets in divorce cases?
The UK is a nation of pet lovers, however despite this, the law does not reflect the same feeling.
Upon divorce, pets are essentially treated as ‘chattels’, meaning they are treated as objects and whose future possession is likely to be based on who purchased them. The issue of who keeps the family pet on separation is increasingly becoming an issue in divorce and finance cases and this is now being challenged in both the courts and in parliament.
A recent case of FI v DO [2024] marked a significant change in family law. The court ruled that the family dog should remain with the wife post separation. Judge Crisp acknowledged the relationship between the individual and the family pet and stated that it was not who has purchased the dog that is important, it is who the dog sees as their carer.
The significance of pets in family proceedings is slowly starting to change. A petition has recently been circulated calling on parliament to distinguish pets from other types of property in family proceedings. The proposal aims for the court to consider the pets welfare as opposed to just decisions based on ownership in divorce cases.
What is the law around the world?
There is also a potential call for the law in the UK to reflect those in other jurisdictions such as Spain, Columbia and Argentina who consider ‘multispecies families’. Over the years, by legislation or case law, these countries have changed their laws to ensure a pet is not treated in the same way as ‘chattel’ in divorce cases. For example, in 2022, Spain legislated that the welfare needs of a pet must take priority and courts must now consider the welfare of a domesticated pet as a priority. In Argentina and Columbia, the changes have arisen by way of case law. These countries consider the ‘multispecies family’ idea and take into account the emotional bond of the pet with the family.
What is next?
Many jurisdictions around the world have changed their laws to consider pets in separation and divorce cases. There are many groups who are advocating for a small change in the law to consider the emotional bonds individuals have with their pets and the welfare of the animal after separation. It is hoped that the UK will follow many other countries in this change which may become a key part in discussions upon separation.
Callie Nimki, Solicitor in the family team, said:
“Many jurisdictions around the world have changed their laws to consider pets in separation and divorce cases. There are many groups who are advocating for a small change in the law to consider the emotional bonds individuals have with their pets and the welfare of the animal after separation. It is hoped that the UK will follow many other countries in this change which may become a key part in discussions upon separation.”