Under English law, pets are considered chattels. In other words, pets are considered property akin to cars, jewellery and furniture. As such, purchase and registration are often considered to weigh heavily in the determination of any dispute regarding who should keep the family pet. That is not to say that those are the only considerations. Other factors which are often referenced as being relevant include:
- Who is the pet’s primary carer?
- Who has contributed financially to the pet’s food and veterinary bills and how much each partner has contributed?
- Whether there is a pre-nup, often termed a ‘pet-nup’, in place. If so what are the terms of the pet-nup?
- What are the parties respective financial positions?
- Will provision need to be ascribed to a pet, for example a racehorse(s)
In the first instance, it is advisable to consider a pet-nup. A pre-nup/pet-nup is something which is specifically encouraged by the Law Society. Taking such an approach would help to determine the issue via agreement before any breakdown in the relationship and avoid any heartache caused through litigating the issue. Additionally, this approach may help to save costs in divorce proceedings.