Believe it or not, when a couple separates one of the most contentious issues is who will get to keep the beloved family pet!

While there’s understandably an emotional pull, who gets to keep the family pet is often used as leverage to get a greater proportion of the remaining shared assets. With the cost of pedigree cats and dogs on the rise, and year-long waitlists the norm, it’s understandable that this would be a source of further tension.

Household pets are considered “family chattels” under the Property (Relationships) Act 1976 and are therefore relationship property and subject to the equal sharing rule. If you cannot agree on who will keep the family pet, this will be determined by the Court. While your pet will no doubt feel like a member of the family they are not children so the Court will not impose a shared custody arrangement.

Despite this, family pets can continue to be jointly owned and have scheduled time with both parties if there is agreement to do so. It’s worth noting that issues may arise after the separation if there isn’t a clear contract outlining who is responsible for costs such as food and vet bills.

If you are worried about what will happen to your pet if you separate in the future or have recently entered a new relationship, our team is able to assist in preparing a contracting out agreement (commonly referred to as a pre-nup) to stipulate what will happen to your pet in the event of separation.

We can also assist with negotiations about the division of relationship property and preparing a separation agreement. If required, we have extensive experience in taking these matters to Court.