Pet-nuptial agreements: what do pet-owning couples need to know if separating?

A PDSA study in 2024 revealed that 51% of UK households owned a pet, with a total of 10.6 million dogs and 10.8 million cats. There is a clear bond between humans and their beloved pet companions; therefore, it is appropriate to consider what happens to the family pets should a couple decide to separate. 

Family pets are considered to be a “chattel” and are therefore treated in the same way as any other personal possessions, such as jewellery, cars, etc. 

If parties are unable to agree on what will happen to their pets following separation, then they may wish to consider non-court dispute resolution as a means of resolving the matter. For example, mediation may be able to assist in facilitating a conversation regarding the future care and ownership of pets. 

As ever, court proceedings should be a last resort, however, it is helpful to consider the factors that the court would take into account when determining the ownership of a pet, namely:-

1. Who bought the pet?
2. Who is the registered owner on the microchip database?
3. Who is registered on the pet’s insurance?
4. Who was the main carer of the pet during the relationship?
5. Where does the pet reside now?
6. Who pays the day-to-day expenses related to the pet?

Previous cases relating to pets show that each case will be determined by its own facts, and by considering the factors set out above. Therefore, no two matters are the same and each is determined on a case-by-case basis.  For example, in RK v RK 2011, the court did not consider it appropriate to make an order in respect of the dogs because, based on the evidence, they seem to have been looked after primarily by the husband and they were therefore allowed to remain in his care and ownership. However, in  FI v DO 2024 the judge concluded that the most important issue was not who purchased the dog, or who looked after it during the marriage, but who looked after it now. The court may defer the matter to a mediator or arbitrator for specific experience on the subject, as they did in IX v IY Financial Remedies: Unmatched Contributions 2018. The court has the power to decide who should own the pet, and to make a property adjustment order, or order that the pet should be sold and the proceeds divided in a specific way.

As an alternative, to avoid pet ownership escalating to court proceedings, parties should consider entering into an agreement as to how the ownership of pets should be considered in the event of separation, sometimes known as a ‘pet-nuptial agreement’. A pet-nuptial agreement will be treated in the same manner as a prenuptial or postnuptial agreement. It is also possible to include a pet clause within a standard prenuptial or postnuptial agreement. Such an agreement sets out the parties’ clear intentions from the outset, thereby seeking to avoid any uncertainty and heartache caused by losing a pet upon separation.