From dogs and cats to parrots and ponies, pets are increasingly becoming a source of legal disagreement during divorce and separation. What was once a straightforward matter of ownership is now being challenged by the emotional bonds families form with their animals.
As society recognises pets as part of the family, rather than mere possessions, the law may be about to catch up. With growing calls for reform and recent court cases signalling a shift in how pet disputes are handled.
What happens to pets during divorce or separation?
When couples separate, the law currently treats pets as property or “chattels” which is the same category as furniture or appliances. However, most pet owners will agree that their pets mean far more than a sofa or dining room table.
At present, the future “possession” of a pet is typically linked to whoever purchased the pet or in whose name it is registered. Understandably, many feel that this does not reflect the true day-to-day dynamics of their family.
Courts are considering the emotional relationship families have with their pets
In recent years, several other countries have reformed their laws to ensure pets are not treated like other chattels during divorce or separation proceedings. For example, Spain now requires courts to prioritise a pet’s welfare, including emotional bonds with family members, particularly children, and the care needs of the animal.
In the recent case of FI v DO [2024] EWFC 384, the Judge considered who the family dog saw as its main carer and where it regarded as home. These factors were central to the court’s decision on who should be the dog’s primary legal owner moving forward.
As District Judge Crisp noted in FI v DO [2024] EWFC 384:-
“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”.
This case reflects a growing trend in family law: courts are starting to give more weight to the emotional relationships that families have with their pets. The dog’s well-being contributed to the overall fairness of the proceedings, underlining how pets can hold significant emotional value post-separation.
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Legal professionals in family law have been proactive in pushing for change
The Working Group which was founded by two family law barristers and now includes other lawyers, veterinarians, veterinary nurses, and a past-chair of Resolution, is advocating for reform. Importantly, their proposals cover all companion animals, not just dogs.
In a recent House of Lords debate (February 2025), the treatment of pets in divorce was raised, and The Working Group is expected to engage directly with the government. Their goal: to propose a modest legal amendment informed by how other jurisdictions handle this issue.
This recent Judgment highlights the courts’ commitment to fairness and to practical, real-life solutions in family law. And it reminds us that, even in the most serious legal matters, a dog truly is for life.
Currently, pets are treated as property under English law. Ownership is usually determined by who bought the pet or whose name is on the registration. However, courts may consider practical care arrangements in some cases.
Yes. Under current law, pets are considered “chattels” which is the same category as furniture or other possessions, although there is growing pressure to change this approach.
Yes, in some cases. For example, in FI v DO [2024] EWFC 384, the court considered who the dog viewed as its main carer. This shows an emerging focus on welfare and emotional bonds, though it’s not yet standard practice.
Possibly. A legal Working Group is pushing for reform, and the issue was recently debated in the House of Lords. Changes may see courts take pets’ welfare into account more formally during separation proceedings.
Need help deciding what happens to your pet after separation?
Our friendly and experienced family law team at Thornton Jones is here to help. Whether you’re facing a dispute over a beloved dog or looking to put clear arrangements in place for your pet, we can guide you through the legal process with care and empathy. Contact us at any of our offices to discuss your situation further and to book an appointment.
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