When the Jellicle Ball Ends: Navigating Pet Ownership on Divorce
In Andrew Lloyd Webber's iconic musical Cats, the Jellicle cats gather to decide which one of them will ascend to the Heaviside Layer and be reborn into a new life. For divorcing couples, determining the future of their beloved pets can feel equally momentous, though perhaps a tad less theatrical. Now that c. 60% of UK households own pets, and given the trend that pets are increasingly viewed as family members, it is no surprise that family lawyers often encounter disputes about pets.
The Legal Framework
Historically, English law has treated pets as chattels, i.e. personal property like furniture, cars, jewellery etc. Unlike arrangements for children, there is no statutory framework specifically governing pet ‘custody’ upon divorce. The English court does not apply welfare checklists or make orders in the "best interests" of an animal. Instead, pets fall to be divided as part of the financial settlement, often leaving owners feeling that the law fails to recognise the emotional bond they share with their pets. The Court’s approach can seem jarringly out of step with how families actually view the Rum Tum Tuggers in their lives.
Practical Considerations
In the absence of specific legislation, separating couples are generally encouraged to reach agreement on pet arrangements through negotiation or mediation. The English court is generally reluctant to adjudicate disputes over animals and will expect parties to resolve matters themselves. Some factors for separating couples to consider include who has been the primary carer for the pet, who originally acquired the pet, whose living arrangements are better suited to meet the pet's needs, and whether any children are particularly attached to the animal.
One option is for couples to enter into a ‘pet-nup’, an agreement made before or during the relationship/marriage which sets out what will happen to a pet in the event of separation. These agreements can specify ownership, care arrangements, financial contributions towards veterinary bills and insurance, and potentially even arrangements for contact. Whilst pet-nups are not legally binding, they carry evidential weight and can help guide negotiations.
FI v DO [2024] EWFC 384: A Shift in the Court’s Approach?
In this financial remedy case, the ownership of the couple’s pet golden retriever was a hotly contested issue. Both parties prepared statements and provided evidence as to why the dog should remain with them. The case marks a potential shift in the Court’s approach towards how pets should be treated during divorce, in recognising that a pet’s welfare can be a relevant factor to consider. Whilst District Judge Crisp specifically stated that “the dog is a chattel” and therefore it does not matter who paid for the dog, she acknowledged that “at times it seemed to [her] that [she] was in the realms of a Children Act application which featured the dog when the wife was cross examined about the dog’s welfare and shared care arrangements”. In her analysis, the Judge emphasised her impression from the wife’s evidence that the wife was someone who “understood about dogs, was compassionate and would always put the dog’s interests first.” It is certainly of note that much of the language used in proceedings regarding child arrangements is being used in this judgment about the beloved golden retriever.
As Old Deuteronomy wisely presides over the Jellicle choice in Cats, divorcing couples must make their own difficult decisions about their cherished companions. Until the law evolves to reflect the true significance of pets in our lives, using Non-Court Dispute Resolution options such as mediation or private arbitration is likely to be the best way to ensure that any dispute is resolved amicably and any animosity remains a distant ‘Memory’.
For further detail see Miranda Fisher’s post “Pet Ownership and Family Breakdown: Transatlantic Treatment of Pets on Divorce”, Jesse Davis and Matthew Clark’s post "Has anyone seen my cat?" - Pet-Nups and Pet Disputes between Unmarried Couples and for the approach of the Court in Hong Kong, Lisa’s Wong’s post Who gets the pets upon divorce?
