• [Dailystar Icon]
• News
• Latest News
• Animals

Judge won't look at your pet as family member in case of divorce, lawyer warns

UK law treats animals as personal property rather than family members, this means courts focus on ownership, such as who bought or registered the pet, rather than the pets best interests

[Relationship breakdowns often raise difficult and emotional questions]

Relationship breakdowns often raise difficult and emotional questions (stock)(Image: Getty Images)

Relationship breakdowns often raise difficult and emotional questions about what happens to beloved family pets. With National Pet Day taking place in the UK next month (April 11), now is a timely moment to examine what happens to pets after a break-up, and how couples can navigate ownership, care and difficult negotiations during separation.

While animals are regarded as family members for many, the law treats them very differently - leading to confusion and distress among separating couples unsure of their rights. I frequently guide clients through the emotional complexities surrounding pet ownership during relationship breakdowns," an expert in family legal issues said as they provided insight on the legalities of pet visitation rights and the importance of clear agreements for pet custody arrangements.

Gabrielle Read-Thomas, Team Leader Partner at a divorce and family legal specialist firm Stowe Family Law further shared: "It's crucial to understand that under English law, pets are classified as personal property, which fundamentally alters how disputes are approached. While pets are often cherished family members, this legal designation means they are not treated like children in custody disputes, leading to feelings of unfairness and frustration for many.

[What happens to beloved family pets?]

What happens to beloved family pets? (stock)(Image: Getty Images)

I frequently guide clients through the emotional complexities surrounding pet ownership during relationship breakdowns. It's crucial to understand that under English law, pets are classified as personal property, which fundamentally alters how disputes are approached.

"While pets are often cherished family members, this legal designation means they are not treated like children in custody disputes, leading to feelings of unfairness and frustration for many. The central issue in these cases is ownership."

[National Pet Day takes place in the UK next month (April 11t)]

National Pet Day takes place in the UK next month (April 11t) (stock)(Image: Getty Images)

Read-Thomas continued: "Courts will closely examine who acquired the pet, whose name is on the microchip or registration documents, and what evidence exists regarding care, including veterinary records and payment receipts. This focus on ownership can complicate matters, especially in relationships where pets were acquired informally, such as gifts or rescues without clear documentation.

"The lack of records often leads to disputes that can feel cold and transactional, further heightening emotional tensions. Many individuals mistakenly approach these situations with a mindset centred on 'custody' and whats best for the pet.

"However, the legal framework prioritises ownership rights and asset division, which can seem harsh and neglectful of the pets welfare. In practice, this means that the family court does not apply a 'best interests of the pet' test as it does for children.

[Many couples divorce]

Many couples divorce (stock)(Image: Getty Images)

"Instead, disputes are typically seen as property matters and should ideally be resolved through negotiation or mediation, rather than through the court system. Couples often seek shared-care arrangements, aiming for split time and shared costs, but these can be difficult to enforce without a formal written agreement.

"Practicalities, such as moving abroad with a pet or dividing veterinary and boarding expenses, create real-life complications that are not easily addressed through verbal agreements alone. Litigation over a pet can lead to disproportionate legal costs that far exceed the animals monetary value, making negotiation a more practical and emotionally intelligent route.

"I generally advise parties to engage in open discussions to reach a mutually agreeable solution that avoids a prolonged legal battle. The best outcomes typically arise from cooperation: agreeing on who will keep the pet, who will cover ongoing costs, and how time will be shared.

[Disputes with pets are typically seen as property matters]

Disputes with pets are typically seen as property matters (stock)(Image: Getty Images/iStockphoto)

"Documenting this agreement in writing can provide clarity and security for both parties. If negotiation fails, your options will depend on the nature of the dispute.

"For ownership disagreements, a civil claim may determine title, but its vital to consider the associated costs and the emotional toll of such proceedings. If welfare issues arise, its best to contact the RSPCA or local authorities rather than relying on family courts to intervene.

Each case is unique, and while there are no guarantees, approaching these situations with an understanding of both the legal framework and the emotional context can lead to more satisfactory resolutions. The aim should always be to prioritise the well-being of the pet while navigating the complexities of ownership and shared care.

The issue of visitation or 'custody' arrangements for pets can become particularly pressing. Many separated couples still want to ensure that their beloved animals can spend time with both parties, which can add another layer of complexity to an already emotional situation.

"Establishing a fair schedule for visits is essential, as it allows both individuals to maintain a connection with their pet and can help create a sense of normalcy during a difficult time. However, these arrangements should be agreed upon in writing to avoid misunderstandings.

"Open communication is key; discussing how to share time with the pet will help reduce stress and ensure that the needs of the pet are considered as well as the emotional needs of both parties.

For the latest breaking news and stories from across the globe from the Daily Star, sign up for our newsletters.

[Dailystar Icon]

ENJOYED THIS STORY?

Choose Daily Star as a 'Preferred Source' on Google News for quick access to the news you value.