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From Love to Leashes: Pets in the Middle of Divorce

23 April 2025

When a couple decides to separate, the conversation usually turns to finances, property, and childcare. But more and more, another question is coming to the forefront: what happens to the family pet?

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Pets in the Eyes of the Law

Traditionally, under English and Welsh law, pets are treated as chattels—that is, property, like a sofa or a car. But anyone who’s ever owned a pet knows they’re so much more than that. They're companions, sources of comfort, and, to many, members of the family.

That’s why the way the law handles pets in divorce cases is starting to change.

A Turning Point in Court

In a landmark 2024 case, the court made a rare move: it ruled that the family dog should stay with the wife, taking into account her bond with the animal. This marked a shift toward recognising the emotional connection between pets and their owners—a step away from the idea that pets are just property to be split or sold.

Public Pressure for Reform

Beyond the courtroom, public opinion is pushing for change. A petition now before Parliament is calling for pets to be treated differently from other property in family law. The goal? To ensure that a pet’s welfare and emotional well-being are considered during separation—not just who bought them or paid the vet bills.

This would bring England and Wales more in line with countries like Spain and France, where laws have already been updated to reflect the emotional value of pets.

Shared Custody and Emotional Value

It’s not just about who “owns” the pet—it’s about who they live with, who provides their care, and who they’re emotionally bonded to. In some cases, couples are now considering shared custody or formal agreements about care arrangements. While these might have been laughed off in the past, courts are beginning to see their value.

Finding the Right Solution

Of course, pet disputes in divorce can still be challenging. There’s often no clear answer, especially when both parties have shared responsibilities and strong emotional ties. That’s why it’s so important to get legal advice tailored to your situation.

At AB Solicitors, we understand that pets are family. Our experienced family law team can guide you through this sensitive area—whether through mediation, negotiation, or court proceedings. We aim to find a solution that respects your emotional connection, while also addressing the practicalities of care and responsibility.

Need advice about pets and separation?
We’re here to help. Contact our family law team today for expert, compassionate support. Call 01202 294411 or via online: Contact Us AB Solicitors For Your Legal Needs

 


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