Navigating Pet Ownership in Divorce: Insights from FI v DO 2024

At Wolferstans we understand that parties may need to consider more than just the usual financial assets and belongings such as properties, pensions and cars when settling a divorce case. We also understand that it is not only the children of the family for whom separating couples need to make important decisions about where they will live and who they will spend time with; the family pet will be a sensitive consideration for many people.

The role of pets in families has grown in recent years, a similar trend to the increasing popularity of cohabitation over marriage. The emotional attachment to the family pet can be a cause for dispute when relationships break down.

A recent case handed down in December 2024 has set some interesting guidance.

FI v DO [2024]

FI v DO was a case dealing with a financial remedy application through the court, which meant that as part of the normal course of proceedings the Court had to consider the parties’ needs in terms of housing and income as well as issues in relation to whether there should be a departure from equality in the division of assets.

Perhaps more unusually, the court also heard extensive evidence around what became a central issue of the case - the family dog. Ownership of the dog was in dispute with the court needing to decide how ownership could be proven and what other factors might need to be taken into account.

Outcome of the Case

In her judgment, Judge Crisp referenced the law, which states that the dog is chattel and therefore, in terms of ownership the court was not solely concerned about who paid for the pet. The court took account of evidence from the wife in terms of how important the dog was to both hers and the children’s lives whereas the husband had simply seen the dog as an income stream (evidenced by a civil claim brought by him in respect of loss of litters from the dog in her lifetime).

In addition, the Husband had not understood or taken account of the upset that will have been caused to the grandmother, the Wife, and the children when he abducted the dog.

Due to the Husband failing to understand the implications of his actions which impact the family and the dog, the Judge did not accept the evidence that the Wife did not care for the dog after they separated. There was additional consideration of the dog’s welfare in this case and the judge listened to evidence about the dog’s own understanding of where her home was when she ran back to the family home after being taken by the Husband.

Therefore, the legal authority the Judge referred to in this case, amongst other things, was who has principally looked after the dog and perhaps where she considered her home to be – not simply who had purchased the dog.

The final decision was that the dog’s home was with the Wife.

Changing Attitude and Future Considerations

This judgment provides a new attitude towards the treatment of pets in divorce. A court will take into account not only their treatment as defined by the law as a chattel but also their familial attachments and may also consider who has principally looked after them during the marriage when making decisions about who their owner is and where they should live post separation.

It follows that in cases involving pets, part of the financial negotiations may need to give consideration to vet bills, food, and a schedule for spending time with the dog. However, dogs have been, and remain legally classed as a chattel.

The outcome of this case shows a clear recognition of the importance of the dog within the family, but also from a legal perspective, within the matrimonial pot. The needs of the pet may form part of a court’s consideration when deciding this issue.

Protective Measures for You

There are protective measures that can be put in place to minimise the risk of contention over pets. Prenups containing clauses about the family pet are increasingly common – or even entirely separate documents sometimes known as “petnups”. Although petnups and prenups are not necessarily legally binding, in the event of dispute they can be used by the court as part of the decision-making process.

It remains to be seen whether this may mean a change in the legal treatment of pets in divorce, but if so, it will mean the law is finally keeping pace with what is increasingly accepted within society: pets are part of the family.

We Can Help

If you are going through a separation and need advice on any issue, whether it’s a dispute over property, assets, or even your family pet, or if you're thinking about a pre-nup or pet-nup, don’t hesitate to reach out. Our Family team is here to help. Get in touch today to arrange a chat with one of our experienced lawyers on 01752 292201.