Who Keeps the Dog in a Divorce?

Divorce law generally concerns itself with the welfare of the family. Courts rarely give much time towards which party receives custody of the dog.

But to many people, their dog is part of their family.

At Goodwins, we understand just how important your dog is to you. At a time where your head is in a spin and emotions are running high, the prospect of losing your dog can be the tipping point. We’re here to help you find the best resolution for you and your furry friend. In this article, you’ll find all the help and advice for determining who is legally entitled to keep the dog in a divorce, and the steps that you can take to ensure a suitable solution for everyone.

Must the courts determine who gets custody of my dog?

No. Decisions concerning custody of the dog can be made prior to going to court. 

Spouses can make their own plan for how they wish to arrange custody of the dog. This plan may be set out in a legally binding document known as a ‘petnup’. Similar to a prenup, a petnup details how custody of the dog will be handled in the event of a divorce. This is usually created shortly after marriage, before there is any prospect of a divorce. Though we understand planning for a divorce isn’t the most appealing activity for happy couples, it can be sensible to plan for a worst-case scenario and avoid any difficulties later down the road.

If you are already at the point of divorce proceedings, you can still come to an agreement with your partner regarding the future of the dog. This may be easier said than done if you harbour some negative feelings towards your spouse or communications have broken down. Still, speaking about the future of your pet can be a good starting point for repairing your relationship. It’s important to stress that you want what is best for your pet. You must try your best to be amicable with your spouse in order to get the best outcome for your dog.

If you are still amicable with your partner and wish to find a solution that suits you both, there are a few different paths you can choose that avoid one party getting full custody. 

You may simply wish to split custody so that each spouse gets custody of the dog on designated days. However, you must make sure that your dog would be okay with going back and forth between homes before deciding on this option.

Alternatively, you may choose for one spouse to be the primary caregiver and the other to be the dogsitter. This will split the time each spouse has with the dog unevenly, but both parties can still spend some time with the dog and it will allow the dog to remain in a single home.

What does the law say?

If you are unable to reach an agreement, you may need to turn to the courts to resolve the issue.

While you may see your pet as a member of the family, a pet is effectively property under UK law. If the dispute reaches court, the judge is unlikely to make their decision based on who took care of the dog better. Instead, the decision will be based upon who rightfully ‘owns’ the dog. This will be determined by who paid for it or whose name is on the majority of the vet bills.

The court can order transfer of ownership in the same way they can with a house or a car. The court can also make provisions for the cost of the upkeep of the dog. They may be included in the overall financial provision ordered to be given from one party to the other.

How can I make the best decision for my pet?

No matter the personal circumstances of your divorce, you always want to keep your dog’s best interests in mind. It’s important to remember that while sometimes giving a dog to a shelter is the only viable option, it is rarely beneficial to their future. You should always try to come to a resolution that allows the dog to see at least one of its owners. You should also keep in mind whether the dog will be comfortable moving house regularly, and how it might feel being apart from a particular spouse for an extended period of time.

At Goodwins, we provide legal advice and representation for a range of family law disputes. We work with compassion and professionalism to help you through a difficult time, ensuring you have all the advice and support you need to manage the next chapter in your life. Whether you need advice regarding your pet or you need legal representation for a high net worth divorce, we’ll be there for you. For over 25 years, our solicitors have been supporting clients in London and across the world by steering them towards a favourable outcome.

If you need legal advice or support, contact our team.