Divorce and the family pet: is ‘pet custody’ on the way?
Divorce and separation are hard enough without worrying who is going to get to keep the much-loved family pet.
For years, the legal position has been clear: pets are like property, or to use an old-fashioned expression a 'chattel' – just like your kitchen table or flat screen TV.
The courts, if asked, have approached the ownership of pets – be that a poodle, parrot, cat or goldfish – in much the same way.
Now, however, there are signs the legal landscape is changing with a case involving the future of a Golden Retriever dog indicating the courts are now recognising the unique status a pet can hold within a family.
What happened in this ‘pet custody’ case?
Whilst focusing primarily on the division of the former matrimonial home, the court was asked to consider the welfare of the couple’s Golden Retriever.
The wife said that she and the couple’s children were the primary caregivers while the husband claimed he’d made all the financial contributions and also had plans to breed from the dog.
Having heard both sides, the court decided that the dog should remain with the wife and that this provided the ‘safe place’ where the dog ‘belonged’.
The key principle in evidence is that, not withstanding a pet is a chattel, it is less important who paid for the pet than who cares for it and where the pet itself may consider its home to be.
What are the implications of this ‘pet custody’ case?
This case seems to hint at a move towards the legal recognition of pet custody, as already happens in many other parts of the world.
Looking at the dog’s future welfare alongside housing, maintenance and the division of limited resources illustrates the court’s efforts to achieve fairness within the financial remedy proceedings in a potentially new way.
The decision also reflects concern not only for the dog’s ongoing welfare but also the sentimental value of a pet and the unique status they can hold within a family.
Until the law is clear, how can I ensure I keep custody of our pet if we split?
Although pre-nuptial agreements are generally used to predetermine how assets and responsibilities are distributed if you divorce - covering financial assets, property and debts – they can be worded to included provision for pets.
It’s also possible to set up a standalone ‘pet nup’ – an agreement which defines what is to happen to your pet including ongoing pet care.
Both these agreements can help provide clarity and minimise conflict if you do split up and the court is required to look at your position and the future of any pet.
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