Often described as ‘man’s best friend’, a dog can be an important part of family life. Pets, in general, are often treated like family members.
So when a relationship breaks down, custody can become an issue. For some divorcing couples, the future arrangements for the family pets can be a particularly emotive issue.
According to a 2020/21 survey, dogs are the most commonly owned pet in UK households. The share of households reporting dog ownership stood at 33 per cent, followed by cats, with around 27 per cent of respondents stating their ownership.
In total, 59 per cent of UK households reported owning at least one type of pet, according to research and analysis specialist Statista.
Pet ownership increased during pandemic
That has increased during the pandemic as more people took pets in and in the past year, and ownership levels increased by 18 per cent when compared to 2019/20. An explanation could be that people spent more time at home and felt an increased need for comfort from a pet.
But when it comes to divorce, pets are looked upon as chattels, much like household goods and a divorce court can decide how chattels, including beloved family pets, can be shared.
Costs and heartache can be saved by coming to an agreement outside of court, which will be favoured by judges and there are options available.
What happens if there is no agreement?
Mediation – This is where a neutral third party or mediator sits down with the couple to thrash out an agreement.
Legal negotiation – If mediation is not possible, both sets of solicitors can attempt to reach a settlement through correspondence and possibly a round table meeting with both parties.
Arbitration – Again, neutrality is involved here an impartial arbitrator is appointed to make a binding decision about the issue. Arbitration can deal solely with the issue of the pets, although they can engage in arbitration regarding the finances as a whole.
Court proceedings – This should only be pursued once you are satisfied that you have exhausted all other avenues.
A settlement may include deciding who has the pet or should custody be shared. If that is the case an effective agreement needs to be put in place about costs, insurance, medical costs and the general welfare of the animal.
Very much like ‘pre-nups’, some couples are agreeing to ‘pet-nups’ – where they decide what will happen to a pet in the event that they separate.
For help and advice on related matters, contact our expert team today.