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What Happens to Your Pet if You Divorce?

Published: 27/04/2026
Written by Curwens Solicitors

Couples going through a breakup, separation, or divorce often ask, “who gets our pet?”.

Pets are valuable and loved members of many families. The breakdown of the family unit in the case of a divorce or separation can affect the pets too. They might have to move homes, there might be less time and attention available for them, and they might have to live separately from their bonded family members. This includes the parties to the breakup as well as the children they share.

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In other jurisdictions, there has been growing awareness that pets should be treated differently from personal property. Laws have been updated to recognise pets as “sentient beings” and judges have a duty to consider their welfare such as Spain legally recognises a pet as a member of the family. Countries like Germany, France, Portugal, and British Columbia in Canada recognise pets as living, sentient beings that are not just chattels by law.

On 10 June 2025, Australia passed the Amendment Act which formally recognises pets as ‘companion animals’ and treats them with more compassion and care.

So, how are pets dealt with during divorce in England and Wales?

Currently, to our disappointment, there is no legislation in England and Wales specifically regarding ownership of pets following divorce. Pets were previously classed as ‘chattel’ and continue to do so, which means the court will treat them the same way it treats the contents of your family home or your car.

Though in 2024, in the case of FI v DO [2024] EWFC 384, the Court had to deal with the issue of the ownership of a family Golden Retriever under a financial settlement, in addition to other financial disputes. In this case, the court demonstrated a shift in its decision making. The husband argued that the dog should live with him because he had bought it. The judge looked beyond simple ownership and considered who the dog saw as its carer. The judge found the wife’s evidence compelling, noting that it “showed someone who understood about dogs, was compassionate, and would always put the dog’s interests first.” As a result, after considering the husbands actions of snatching and injuring the dog and noting the agreed fact that the dog had lived with the wife for the preceding 18 months. the wife was awarded the dog,

This case signals that judges may be willing to use their discretion in deciding pet ownership issues. It is, perhaps, a step forward towards the position in some other jurisdictions. However, there's no indication of imminent reform in the UK. Until such anticipated reform, pets in divorce will continue to be treated in a similar way to other marital assets and ownership must be decided fairly and legally.

If the owners cannot reach an agreement over who retains ownership of the asset (the pet), as was the case in this example, it would be up to the courts to determine who the legal owner is.

And what protective measures can be taken?

As several factors are considered when the ownership of pets in divorce is determined by a Judge, such as who purchased the pet, who registered the pet, cared for the pet and paid veterinary bills, it would be sensible to have a plan in place in case you do separate in the future, but most importantly if you want to avoid a disagreement over your shared pet.

This can either be done by having an agreement in place for the pet “Pet-nuptial agreement” or a pet clause can be included in a Pre- or Post-nuptial agreement.

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A pet-nuptial agreement is a formal agreement between two parties outlining what will happen to their pet should they separate. This agreement growing in popularity which sets out the ownership, financial arrangements and care of your pet, and what should happen in the event of the breakdown of your relationship. It can set out the care arrangements for the pet, ensuring their welfare is kept central, the custody and living arrangements, the financial responsibilities and in the event of a break-up, can help to make sure each of you maintain your relationship with the pet. This could exist as a stand-alone agreement.

Similarly, such a clause can be added to a pre-nuptial or post-nuptial agreement to be used to settle disagreements in the future.

While we are reminded that currently nuptial agreements are not automatically legally binding in England and Wales, a well-drafted agreement that meets certain criteria and is fair can carry significant weight when it comes to a financial settlement on divorce. Having such agreement in place can inhibit conflict at the outset of separation and allows the couple a non-confrontational journey through their divorce.

It is important to seek legal advice, as an expert family lawyer will be able to draw up the agreement for you in a way that ensures it will carry weight.

If you need support or advice on this topic, our specialist family lawyers at Curwens can help you.

Vijaya Sumputh, is a Partner at Curwens leading a team with over 55 years of experience. Our Family Law Team can provide you with expert legal advice and representation on a wide range of family law matters. They are very familiar with the local court system and will provide you with the best possible legal advice and representation in addition to advising you on the best course of action to take in your circumstances.

Please email or call us on 0808 164 8443 to discuss whether we can help you. Or fill in our online contact form and a member of our team will be in touch.

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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Any data that you submit using this web form will be held by our firm as Data Controller and will be held securely for 12 months before being securely and confidentially destroyed.
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Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose).

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