Over half the adult population of the UK now own a pet, with the share of UK households owning dogs rising from 23% to 34% between 2019 and 2022, predominantly due to Covid lockdown restrictions. One consequence of increased pet ownership has been an increase in disputes concerning who keeps the pet in the circumstances of a family breakdown.
This transition represents a wider societal shift where pets are increasingly viewed as family members, suggesting that the UK may be lagging behind the US in terms of development.
Comparing Pet legislation in the UK and the US
Pet ownership in New York has increased dramatically, and in New York alone, there are over 1 million pets, equating to nearly one pet in every three homes. In 2021, New York implemented legislation to support courts on pet custody during separations, determining between married couples and others in unmarried relationships. In the past, New York managed pets as property in divorce matters, but the Senate Bill S4248 now requires courts to recognise the best interest of the pet when deciding on possession.
This involves considering factors such as the well-being of pets, the relationship between the pet and each owner, and who has the main responsibility for the care of the pet. While pets may not be treated on the same level as children in custody disputes, a balanced approach will consider the best solution for all concerned.
In California, the strategy for pet custody in divorce cases transformed considerably with the launch of the Assembly Bill 2274 back in 2019. Before this ruling, pets were considered personal property and passed through property negotiations in a divorce. The new legislation enabled courts to consider the best interests and welfare of the pet when determining custody. Judges could consider factors such as time spent with the pet and who provides for its daily needs, similar to the considerations in custody of a child.
In England and Wales, pets are legally defined as ‘chattels’ under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004, defining them as personal property during the divorce proceedings. This classification typically ignores the emotional connections between pets and their owners.
Traditionally, courts have awarded pet ownership to the individual who purchased the pet or holds the registration documents. Multiple cases highlight the evolving strategy towards pet ownership. Studies have suggested that the court believes there is a need for a clear division of chattels, including pets, before the trial. In a separate study, the court recommended mediation for resolving pet disputes, understanding the emotional connection of pets in family dynamics.
Recent cases highlight the shift towards considering the welfare and treatment of pets in future ownership decisions. For example, in a recent case, the court prioritised the pet’s welfare and past treatment over legal ownership, awarding ownership of the family pet to the wife due to the husband’s harmful behaviour towards the dog, and to allow them to remain within the family home.
To combat pet ownership proactively in the circumstances of separation and divorce in the UK, parties can manage Pet-nuptial agreements (PetNups), which summarise residence arrangements, finance responsibilities and contact arrangements for pets in the event of a relationship breakdown.
