The idea of pet ownership in divorce may be something you have never even considered but ultimately the question “what happens to pets in a divorce?” is a very valid one, as shown in the recent unusual but interesting case of FI DO [2024] EWFC 384 (B).

Divorce With Pets – Case Summary

In this example of what happens to pets in divorce, the issue of the ownership of a family Golden Retriever was put before a District Judge, to deal with under a financial settlement, in addition to other financial disputes. The Judge looked at any other circumstances of the case that the parties thought relevant which included the family dog on separation.

The husband in the divorce argued that he should gain ownership of the pet in divorce as he had purchased the dog for £1,200 cash and that the wife did not make any financial contributions towards the purchase price. The husband explained that he was the one who trained the dog, registered her as a Disability Support dog and requested the return of the family dog to his care as he was the primary carer. The wife argued that the family dog was purchased by the family jointly (£320 from their daughter, £280 from the wife and the balance by the husband). The wife was the registered keeper of the dog, registered owner at The Kennel Club and paid all veterinary bills and insurance. She did not accept that the dog was registered as a Disability Support dog.

An incident occurred, post-separation, whereby the husband forcibly took the dog into his care, whilst the dog was in the care of the wife’s elderly mother. The husband chased the dog which caused the dog to run off and return to the wife’s home. The husband was later recorded on camera, dragging the dog into his car from the family home. The husband was arrested, and the RSPCA were notified. The dog was returned to the care of the wife, with damage to his paws.

The wife argued that the dog was frightened after not seeing him for a period of 18 months and that this amount of time was significant for a dog.

The Judge found that the husband’s explanation of the dog being a Disability Support dog was unfounded, noting that he saw the dog as an income stream and only registered the dog as a Disability Support dog in February 2024 to support his claim that the dog should be returned to him. The Judge accepted that the dog was purchased jointly and gave the following judgement: –

“The legal authority to which I have referred provides assistance as to who has principally looked after the dog. Not who has purchased the dog, that fact in my view is not as important as who the dog sees as her carer. This is not who had previously looked after the dog, but who does now. It is an agreed fact that the parties separated and the dog has been cared for solely by the wife since that separation some 18 months previously. I accept what the wife says 18 months is a long time in a dog’s life. It was clear when the dog ran back to the family home after he had been taken by the husband that the dog considered that to be a safe place and where he belonged. The wife’s evidence as I have set out 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. It would be upsetting for both the dog and the children were those arrangements to alter. The husband has managed without a dog for 18 months and it does not therefore seem necessary for his support, even if that were the case which I do not accept was the position at the time the parties separated.”

As such, the Judge ordered the dog to remain in the care of the wife and her children as she was considered the primary caregiver at the current time and would always put the dog’s interests first.

Key Takeaways

The verdict of FI DO [2024] EWFC 384 (B) illustrates that the issues posed by divorce with pets are both real and complex. Pets in divorce are treated in a similar way to other marital assets and ownership must be decided fairly and legally. If the owners cannot reach an agreement over who retains ownership of the asset (the pet), as was the case in this example, it is up to the courts to determine who the legal owner is. 

A number of factors are taken into account when the ownership of pets in divorce is determined by a Judge, including who purchased the pet, who the pet is registered to, who paid veterinary bills, and who cared for the pet. Exceptions can be made if there is proof that the pet was gifted to the ex-spouse and considerations made regarding the welfare and best interests of the animal following the divorce. These considerations do not go as far as those made regarding arrangements for children but do show that those separating must think carefully and act appropriately when it comes to what happens to pets in divorce.

The verdict of FI DO [2024] EWFC 384 (B) therefore demonstrates the importance of seeking the right legal advice when embarking on divorce proceedings. Different considerations must be made for different assets and pets are not excluded from this process. At Kitson Boyce, our expert Family Law team can help you through this challenging time with tailored guidance depending on your situation. To discuss matters related to pets in divorce and your wider divorce proceedings with one of our family lawyers in Devon, simply reach out to us by emailing [email protected], calling 01803 202020, or entering your details in our online contact form below.