It’s not just children that can become caught in bitter “tugs of love” in the event of a divorce or relationship breakdown. But, increasingly, pets are also the subject of heated exchanges and long debates over who they live with.

Family lawyers are used to dealing with disputes in respect of children but many are now finding themselves involved in disputes over the much-loved dog, horse or even budgerigar. Pet owners view their animals as members of the family and issues such as where an animal is to reside or who has visiting rights to it is something family lawyers are being asked to consider ever more frequently. Courts are also now being asked to rule on some cases where “custody” is disputed.

We have a long way to go before our system evolves to that in force in the USA where some of the federal courts are starting to apply the concept of the best interest of the animal, a standard usually reserved for questions involving children. For example, a Virginian court recently applied the rationale that a cat’s happiness took priority over the property rights between the parties.

It is a sore point for many UK pet owners to learn that our own system takes a somewhat more literal approach. Applying the rule at its most basic level, an animal is considered an asset the same as any matrimonial possessions. However, unlike the family car or computer, things often become much more complicated because with animals it can get more emotional.

Issues over animals can sometimes take over everything else and the family pet becomes a real sticking point, often providing an easy way to vent personal frustrations that may otherwise not surface.

Whilst there are many cases involving animals that end up in the court arena, thankfully most cases settle long before it reaches a stage where the court has to make an ultimate decision.

The best approach remains to try and negotiate an agreement as, unless the law changes, the best interest of the pet will not be considered and the pet will continue to be treated as the parties’ personal property.

One recent extreme case resulted in the judge recognising a wife’s needs in terms of herself and her horses and awarded her £50,000 per year to help maintain a stable of horses.

Clients who could face issues with a family pet should:
Consider making a pre or post-nuptial agreement which provides for what will happen to the pet in the event of separation.

• Be realistic about the costs of looking after a pet and how it fits with living arrangements and working hours.
• Avoid splitting any pet from the children where possible.
• Be open to alternative arrangements and try to negotiate shared care and contact
• Try to remain calm around the animal as they are very sensitive to conflict and may become frightened or nervous.

For more information on pets and divorce, contact Judith at Judith.buckland@family-lawfirm.co.uk or visit www.family-lawfirm.co.uk