Provision for pets when you separate

By Antonia Diment

Pets can be a very important part of our lives, but although they may feel like part of the family, they are viewed legally as personal possessions, ie chattels. 

When parties separate, it is important to note that the Family Courts of England and Wales suggests proportionality when determining which chattels go with whom, and this applies to family pets.  The Court requires parties (when their civil partnership or marriage breaks down) to attend mediation, where the mediator will help the parties decide how the family finances, house, and chattels will be divided.

Mediation works well but, in some circumstances, it is necessary to use a solicitor to negotiate a solution. If that fails, then the last resort is going to the Court who would consider:

• Who purchased the pet
• Who is on the insurance and microchip
• Who is the main carer
• Where does the pet reside now (this is an important consideration)
• Who pays for the day-to-day costs

These considerations are not exhaustive, and the Court can make its own findings of facts and draw its own conclusions, and may even return the parties to non-Court Dispute Resolution (such as to Arbitration or mediation).

It is therefore a good idea to devise a plan for your pet early in a separation to ensure a solution for your pet’s best interests.  With more animals being considered in divorce cases, the status of an animal as a chattel in the family Courts of England and Wales may well evolve to reflect the nations’ feelings, that they are, in fact, family. 

For further advice please contact Sarah Wood-Heath or Antonia Diment on 01722 410664 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. 

By Antonia Diment