Pet Custody and Pet-Nups: Who keeps the pet in a break-up?

For many people, pets are beloved companions and cherished members of the family. But what happens when a relationship ends and both parties want to keep the pet? 

The Legal Landscape of Pet Ownership

In the eyes of the law, pets are treated as personal property, despite their emotional value, making ownership disputes particularly difficult. However, recent shifts have seen some courts adopt a more flexible, “best interests of the pet” approach. 

In the recent case of Fi v Do [2024] EWFC 384 (B) the court’s decision making was influenced by the emotional bond and the role of pets in family dynamics, focusing on not just who purchased the pet, but rather upon a range of other compelling factors.  

Pet Ownership Disputes Explained 

Pet ownership disputes are becoming increasingly common, usually following the breakdown of a relationship. However, not many people realise the different options available to them in such situation. 

For example, such disputes can be concluded via mediation or dealt with prospectively by way of a ‘Pet-Nup’. 

Alternatively, the case may require court action. In some cases, it may be heard in the Family Court, particularly when the pet forms part of the overall divorce/financial dispute. In this sense, the pet is treated as a ‘matrimonial asset’, and the Court will decide on which party should keep that asset.

Otherwise, the case may be more appropriately heard in the Civil Courts (Small Claims Court) – for unmarried couples and general disputes – whereby an application can be made for a declaration of ownership under the Torts (Interference with Goods) Act 1977. In this sense, the pet is treated as ‘property’. The following orders can also be made:

• An order for return of the pet 
• An order for damages following wrongful retention of the pet

What Determines Ownership? 

A significant thing to note, is that not one single piece of evidence determines pet ownership. Instead, the following are examples of evidence (written or oral) the court may consider, collectively: 

• When and why was the pet bought? Prior or during the relationship? Was it purchased as an intended family pet? Or was it purchased as a gift? 
• Who bought the pet? 
• Whose name is on the insurance certificate? 
• Who is the registered keeper of the pet? 
• Who is registered with the veterinary practice? 
• Who primarily takes care of the pet? 
• Who pays for the daily expenses of the pet?

Undoubtedly, no two cases are the same, and so these factors may vary. However, in all cases, the court’s primary concern is guaranteeing the pet’s best interests. 

Possible Results in the Court 

After submitting relevant evidence to the court, a judge will determine ownership – though it’s important to note that this does not automatically grant sole possession to that party, as this is a discretionary remedy. If a judge decides a pet is jointly owned, they might order that the possession of the pet is shared. 

Pet-Nups

While it may seem overly formal or unromantic, pet-nups can protect both the pet’s welfare and the owners’ piece of mind. A pet-nup (pet prenuptial agreement) is no longer just a niche concept, but a legal tool which sets out ownership, custody and care arrangements for a pet in the event of a breakup or divorce. It functions similarly to a traditional prenuptial agreement but focuses on the needs and welfare of a companion animal, providing clarity, protection and efficiency for both pets and their owners. 

A pet-nup can include:

• Who the pet will live with after separation 
• Financial responsibility for vet bills, food and care 
• Visitation or shared custody arrangements 
• Decision-making authority for major health issues 

Resolving Pet Custody with Care and Clarity 

Breakups are challenging in any circumstance, but when a beloved pet is involved, the emotional and legal complexities can intensify. For many people, pets are not just property (even if the law does so insist) and disputes over pet custody and ownership can be deeply distressing. Our family law solicitors understand the sensitive nature of these cases and are here to support you in reaching a fair and compassionate resolution. 

How can we help?

If you are facing a dispute surrounding custody of your pets, our expert team of family law solicitors are here to help. Contact our us by calling 0330 123 1229, completing our contact form, or sending us an email via info@smithpartnership.co.uk.