For many relationships, the family pet can form a vital part of the family structure. There has been a noticeable boom in the number of couples welcoming a new pet into the family during and since the coronavirus pandemic. In the instance where a relationship breaks down and a couple separates or divorces, who keeps the family pet?
Research undertaken by the Blue Cross suggested that approximately 1 in 4 divorces involved some form of dispute in relation to pets.
Divorce and Pets – The Legal Stance
In the eyes of the law, and therefore the Family Court, pets are treated as ‘chattels’. This means that your pet is given the same status as any other personal belonging you once shared with your partner- for example furniture – which of course is often a very simplistic way of considering a matter that can have significant emotional attachment.
Outside of the Family Court, the Animal Welfare Act 2006 considers what is deemed to be suitable for a pet (for example their living environment, welfare etc). Despite this, the law remains the same in the Family context and pets are simply treated as chattels.
What can I do if a dispute arises regarding my pet?
If you find yourself in a situation when you and your partner are unable to agree on future arrangements for a family pet, there are various courses of action that can be taken.
1. Negotiate directly with your partner
The easiest and most amicable option would of course be to speak with your partner directly and try to reach some agreement. This option is of course also the most cost effective.
In some relationship breakdowns however, this in not always possible when the situation is particularly acrimonious.
2. Mediation
If it becomes apparent that negotiation directly will not be effective in resolving the dispute, you may decide to involve an independent, third-party to assist. In this scenario, it may be useful to seek a Mediator who has particular experience or expertise in disputes involving pets. A mediator would encourage both parties to discuss the dispute in a productive, non-confrontational manner in order to resolve the issue by agreement.
3. Instruct a Solicitor
If no agreement is reached via Mediation or direct agreement, it may be necessary to seek the assistance of a solicitor. This is an option that can be taken either before mediation or afterwards. The issue in relation to the family pet can then be attempted to be resolved via correspondence from a solicitor. Receiving a formal letter from a legal expert setting out your position may be effective to prompt your partner to take the discussions more seriously in the hope that resolution can be reached.
If you are having difficulty in relation to a specific dispute with your ex-partner, our friendly and skilled team of family lawyers are here to provide you with expert legal advice. We are committed to providing outstanding service and achieving the best possible outcome for our clients.
Contact us for a FREE 30-minute consultation to discuss your pet related dispute.
Article by Amelia Fernley – Trainee Solicitor
