I was told a story… by another family solicitor… of a client where there had been lengthy divorce proceedings and a pet dispute.
Two weeks after the conclusion of the divorce case, the family solicitor received a letter from her legal opponent asking for financial contributions towards the care of the ex-partner’s tortoise. Their client was genuinely seeking maintenance for the family tortoise.
In Alaska, the welfare of any family pets on divorce has been enshrined in law since c.2017 but until recently, this has not always been the case in English law. Pets were treated as chattels having the same legal status as the sofa or the TV.
Treatment of Pets on Divorce
Pets are treated as one of the family and their care can be an emotive issue.
A December 2024 aptly-named British case, FI v DO [FI v DO [2024] EWFC 384 (B)], decided on the care of ‘N’ – the parties’ dog – and for the first time in English law introduced elements of welfare regarding the care of animals in divorce proceedings.
Evidence was presented that the husband had purchased the dog but that the wife was the registered keeper, and she had paid for all the costs and upkeep of the dog for many years.
The judge decided in that case:
The wife’s evidence was compelling but more importantly in my view showed someone who understood about dogs, was compassionate and would always put the dog’s interests first. The dog’s home is with the wife, and she should stay there.
So now the factors that the court are taking into consideration are not just:
Who purchased the pets?
Were they a gift?
Who met the pet’s expenses?
But now to a lesser extent one of the questions is what is best for the pet? In the case of the tortoise, it is far harder to determine the needs of a tortoise.
Use of Pre-nuptials to protect pets after divorce
You can enter special provisions in a pre-nuptial or post-nuptial agreement to provide for the arrangements of family pets if the relationship does come to an end.
Failing this, and if a dispute does arise, the parties would be sensible to engage with some form of Non-Court Dispute Resolution (such as mediation) to resolve the issue in a pragmatic and cost-effective manner.
We can help you
Whether it is pre-marriage advice and support, or Pre-Nuptial agreements, our team of dedicated family law solicitors are expert in the preparation of all relationship and nuptial agreements, and will always work to resolve disputes without the need for court proceedings wherever possible.
If you need help preparing a nuptial agreement, or negotiating who keeps the pets and other assets, then please do contact our team here.
