By Natasha Kurth for Wedlake Bell LLP, 71 Queen Victoria Street, London EC4V 4AY
Shared with permission
Please note this article was written in England UK – legislation varies across the world but wherever you are you may find much that is worth considering in terms of your dogs future should you die or have a change of circumstances
What happens to our pets when life or relationships end? We share our top tips for keeping pet disputes out of court.
Despite them feeling like one of the family, under English law, pets are legally classified as chattels i.e. they are deemed items of property. In the eyes of the law, your beloved dog or cat is therefore treated much like a car or a piece of furniture. Whilst this characterisation may feel outdated, it remains the current legal framework.
Divorce
On divorce, the court can determine ownership of property and, where necessary, make a property adjustment order. If pet ownership cannot be agreed, the court will need to consider factors like:
- Proof of purchase: who bought the pet;
- Registration details: whose name is on the microchip, insurance and Kennel Club records;
- Financial contributions: who pays for food, vet’s bills and insurance; and
- Day to day care: who primarily looks after the pet.
These considerations were recently highlighted in the aptly named case of FI v DO [2024], which involved a dispute over a golden retriever puppy. This case illustrated the inconsistencies in judicial approach and the emotional weight these disputes carry.
With this in mind, it is all the more important to protect your position and reduce the prospect of future litigation. Beyond keeping clear records (receipts for purchase, vet bills, pet insurance in your name etc.) and registering the pet to you, there are more proactive steps you can take.
“Pet-nups” are becoming increasingly popular. A pet-nup can be used to set out ownership, care and financial arrangements relating to a family pet. This document would also provide for what happens to the pet on relationship breakdown. Alternatively, pre and post-nuptial agreements can be drafted to include a clause dealing with family pets. The Wedlake Bell Family Team is experienced in drafting these agreements.
It is recommended that anyone facing a pet dispute considers mediation, in the hope of avoiding costly, drawn out and emotionally charged litigation.
Death
When you pass away, pets are legally treated as personal property. Without clear instructions in your Will, your beloved companion could end up with someone who never expected to inherit a pet, which may cause distress for both the person and the animal.
To avoid this, it’s important to include specific provisions in your Will which state who will take responsibility for your pet’s care. Caring for an animal can be expensive, so you may also wish to set aside a sum of money to help cover ongoing costs such as food, vaccinations, insurance, and veterinary bills. This gift should be drafted carefully to make clear that:
- The financial provision is conditional on the person agreeing to care for your pet; and
- The money is intended to assist with the costs of care, not as an unrestricted gift.
In addition, while not legally binding, it is recommended to prepare a Letter of Wishes to accompany your Will. This can outline your pet’s routines, dietary requirements, medical needs, and any other details that will help minimise stress during the transition to a new home.
If you do not have a suitable person in mind, several UK charities operate pet re-homing schemes. You can name one of these organisations in your Will to ensure your pet is placed in a safe and caring environment.
The future
The Working Group on Pets on Divorce was formed at the end of 2024. This group of professionals are working hard to change the law to ensure that pets are treated differently to other chattels. However, until such reform occurs, the law on divorce and death is chasing its tail. This means that without taking proactive steps, your pet could find itself in a costly and stressful legal dispute.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.