What happens to the pet after a relationship breakdown?

The coronavirus pandemic has seen an increase in the number of people acquiring pets and a rise in relationship breakdowns.

So what happens to the pet when your client decides to separate or get divorced? There is no clear cut answer within the realms of family law and the family courts are generally reluctant to get involved in disputes about pets. The law in England & Wales says that a pet will be treated as an item of personal property in the same way as furniture, artwork and jewellery etc. This means that the pet would stay with the person who purchased it unless it was subsequently gifted.

Below are some of the options available to your client if they are unable to agree what will happen to the pet:

1. The client could attend mediation with the other person to try and reach an agreement about who the pet will stay with and/or whether they want to continue a shared care arrangement. If they decide on the latter it is also important to consider who will be responsible for any associated costs, such as Vet bills etc.
2. The client could make an application to the small claims court especially if they were the one who purchased the pet and have documentary proof of purchase, or other evidence to show that they are the legal owner of the pet. Gathering the following information may help a client to prepare a claim:

• Who purchased the pet (and whose name is on the contract)?
• Who is registered as the owner on the microchip database?
• Who is named as the owner contact on the vet records?
• Who is named as the owner for the purposes of pet insurance?
• Who usually takes care of the pet on a daily basis?
• Who pays for the pet’s day-to-day expenses?
• Was the pet purchased prior to, or during, the relationship?
• Was the pet gifted, and if so, to who?

In order to avoid such a dispute, the client could enter a pre-nuptial, post-nuptial or cohabitation agreement setting out what will happen to the pet in the event of a breakdown in the relationship. These agreements are in essence a contract, and if prepared properly, the court will place considerable weight on them during any subsequent dispute. It is therefore advisable that the client sees a solicitor if they want to enter into one of these agreements.

Varinder Bhandal is a Family Law Expert in the Expert Advice Team at Citizens Advice.