When a couple separates, the division of assets is often one of the most emotional and complex parts of the process. But what happens when the most cherished ‘possessions’ isn’t a house or a car but a beloved pet? Traditionally, pets have been treated as property in English and Welsh law, no different from a sofa or television. However, this perspective is starting to shift, and there are growing calls for the law to reflect the reality that many couples view their pets as much more than property.
A landmark ruling and changing attitudes
In a pivotal 2024 case – FI v DO – the court awarded the family dog to the wife following a divorce, taking into account not only ownership but also emotional bonds and welfare considerations. While this decision doesn’t yet represent a change in the law, it does signal a shift in how courts may begin to view pets in future family law cases.
This evolving attitude is reflected in the increasing number of people advocating for legal reform. There is a growing argument for courts to consider factors such as emotional connection, daily care, and living arrangements in a similar way to how decisions are made for children.
How this affects clients and their families
For many separating couples, deciding who keeps the family pet can be more emotionally charged than sorting out finances.
At O’Donnell Solicitors, we understand that pets are often at the heart of family life. That’s why our family law team is committed to helping clients find sensitive and practical solutions. We support clients through pet-related disputes with a clear understanding of the emotional weight involved. Whether through negotiation, mediation, or the courts, we aim to reach outcomes that reflect not only the legal position but also the welfare of the pet and the wishes of both parties.
Looking to the future
While pets are still legally considered property in the UK, public and professional pressure is mounting for change.
The momentum around this issue suggests that legal change may not be far off. In the meantime, courts may continue to show increasing flexibility in considering pets’ welfare, especially in cases where emotional attachment and daily care play a significant role.
For many separating couples, deciding who keeps the family pet can be more emotionally charged than sorting out finances.
If you’re going through a separation and are concerned about what might happen to your pet, we’re here to help. Our expert team can guide you through your options with clarity and compassion.
