As new figures show almost 7,000 dogs were handed to Dog’s Trust due to break ups in the past two years, a legal expert from The University of Law (ULaw) has explained how to properly manage pet ownership if a relationship breaks down.
Sadly, January can be a common time for family separations and pets are often an integral part of a family unit. Despite being a nation of animal lovers, currently the law in England and Wales reflects that pets are to be dealt with as chattels in family breakups, i.e. an item of property.
Figures from Dog’s Trust sourced by ULaw show 6,697 dogs have been handed over to them since 2024 citing “a change in owner’s relationship” – that’s an average of 290 dogs every month. So, what is the law regarding who will get the pet in a relationship breakdown?
Amanda Crutchley, Head of Pro Bono at ULaw, explains: “When a relationship breaks down the hope is always for an amicable outcome with agreements to help all parties move forwards, but, sadly, this often isn’t the case. Of course, there are laws that focus on the welfare of children in any new arrangements, but while we may see our pets as family, the same laws don’t apply. This can make pet ownership an emotive topic for discussion as relationships end and resolutions are sought”.
Amanda Crutchley continues:
Legally, pets are seen as property
It’s very important to remember that the law currently treats pets as personal property and not family. This means the legal owner will often be determined as the person who bought the pet or is registered as the legal owner. If the issue of ownership is taken to court to determine, this is often the key factor used to determine the issue, not emotional attachments.
Purchase records and registration details will be looked at first and foremost. Other factors such as financial responsibility i.e. who paid for food and vet bills, and evidence of who performed most of the daily care could also be considered.
Importantly, if one partner can prove the pet was given as an unconditional gift, this could inform the Court’s decision as to who is the rightful owner.
The rise of “Pet-Nup”
A Pet-Nup is a growing trend, essentially meaning a written agreement between partners as to who keeps the pet should the relationship end.
While agreements such as these aren’t legally binding, they can provide strong evidence in a legal dispute, and it is recommended to have these drafted by a legal professional.
Mediation and shared care agreements
There are many options to consider that don’t include giving the pet up for adoption. Mediation is always a good place to start, where a neutral third party can help both partners talk through concerns and find a solution that works for both sides. Recent years have seen shared care of pets becoming increasingly normal for example.
Amanda Crutchley concludes: “The end of a relationship is a difficult time for all involved and those of us with pets will want to minimise the stress it causes them too. With the right legal support, mediation and advice, there’s no reason why your pet must be given up to a new home.
When determining who should continue to have care for pets, it’s important to keep in mind who the legal owner is, who’s on the pet’s documentation and who is seen as primary caregiver, as these will be the primary factors taken into consideration if there is a dispute in court.”