Lawyers will tell you that when a relationship breaks down it is usually money and children which cause the arguments. That may well be the case but emotional issues and heated exchanges can also revolve around who is to have the family pets. Battles over with which spouse the family dog, cat or even budgerigar will live are far from unknown. The family pets are considered members of the family and when the family breaks up questions of residence for the animals and even contact rights can be contentions.
Applications to the Courts are being made where a judge is being asked to rule on who is to have a pet where “custody” is disputed. Although new to the UK, where there is no certain precedent or relevant law, court battles over family pets are well established in the USA. The American courts have shown that they will follow the principles applicable to children and consider what is in the pet’s best interests. A court in Virginia decided in one case that a cat’s happiness took priority over the property rights of the parties.
The courts in the UK will adopt a more traditional approach in which an animal is considered a chattel and matrimonial property just like anything else. Although this may well be good law, pets are not the same as the family car, washing machine or three-piece suite and things become much more emotional. Disputes over animals have been known to predominates and take over from everything else when otherwise an amicable division of the family assets could have been agreed. The family pet is the sticking point, often providing an outlet to vent personal frustrations which might otherwise not have surfaced.
In most cases a case involving a family pet will settle before it has to be decided by a judge. The costs involved in employing a lawyer for days on end to argue a claim for a favourite pet would be prohibitive. Apart from the cost which would be involved, the best approach is to try and negotiate an agreement over a loved pet. The best interests of the pet will not be considered under the law in England and Wales as it stands at present and your pet will simply be treated as personal property. And as any lawyer will tell you, the best way to divide up personal property is with the toss of a coin.
Where there is a pet to whom you are particularly devoted it is always best to discuss what should happen in the event of a breakup and record this in a separation or post nuptial agreement. Above all, always be realistic about the practicalities of keeping a pet if you are going to be by yourself. Think how it will fit in with your living arrangements and working hours. You should never take a pet away from your children. Be open to a compromise agreement with shared care of the pet. Most important, as with children always remain calm around the pet as they can be very sensitive to conflict which may make them frightened or nervous.
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The Family Pets When the Family Breaks Up: Legal Advice
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