Who gets the pet? The evolving treatment of pets in UK Divorce Law

16 July 2025
Options for resolving pet ownership and care on separation or divorce

In the emotionally charged landscape of divorce, disputes over children and finances have long dominated legal proceedings. Yet, in recent years, a new kind of battle has emerged in UK family law: who gets to keep the family pet? Despite their deep emotional significance, pets in England and Wales are still legally classified as “chattels” - personal property akin to furniture or cars. The courts will typically consider who purchased the pet, who pays for its upkeep and whose name is on the registration or insurance.

However, a recent landmark decision FI v DO [2024] EWFC 384 challenged this traditional approach. The court was asked to determine who should keep the family dog after a separation. Rather than relying solely on ownership records, the judge assessed where the dog was most comfortable, who provided daily care and how separation would affect its wellbeing. In short, the court applied a welfare-based analysis – something close to the “best interests” test used in family cases, which marked a significant cultural and legal shift in the way in which pets are considered on separation.

This more compassionate approach acknowledges the real impact separation can have on animals and the people who love them. Ultimately, it is a move towards a more humane and emotionally intelligent legal system, one that mirrors how most people already feel about their pets.

Although a welcome change of direction, careful consideration will need to be given to how "best interests" will be assessed – will experts be instructed to address this? What impact will this have on an already overstretched court?

The Role of Family Lawyers: Planning Ahead

In order to avoid disputes being overlooked until they arise and to reduce the burden on the courts, family lawyers are being encouraged to talk to their clients about their beloved pets early on. Such discussions will help identify points of contention and allow for proactive planning.

It is important that particular focus is given to ownership and care of pets; to understand who cares for them and who is emotionally bonded with the pet can inform negotiations or agreements.

As pet-related disputes become more common, family lawyers are encouraging couples to address pet ownership in Petnups or Cohabitation Agreements. These agreements can outline:

  • Who will retain ownership of the pet in the event of separation
  • Financial responsibilities for veterinary care, insurance, and food
  • Shared arrangements

Including pets in these agreements can prevent emotionally and financially costly disputes later on.

Mediation: A Kinder Path

Mediation is increasingly being used to resolve pet disputes amicably. Unlike court proceedings, which can be adversarial and rigid, mediation allows couples to craft flexible and compassionate solutions that consider the needs of their pets.

For further information or specialist advice, please contact one of our family team.