When a family is separated by divorce, it will usually be money and children that will cause arguments. However, there can also be battles over which spouse will live with the dog, the cat, or even the family budget. Family pets are considered members of the family and when the family is separated, issues of animal residency and even contact rights can be contentious.
Applications are being made to the courts where a judge is asked to decide who should have a pet where “custody” is disputed. Although new to the UK, where there is no set precedent or relevant law, court battles over family pets are well established in the US. In the US, courts have begun to follow the principle applicable to family pets. children of what is best for a pet. A Virginia court recently decided that a cat’s happiness took precedence over property rights between the parties.
UK courts will take a more traditional approach where an animal is considered chattel and matrimonial property like anything else. Although this may well be a good law, pets are not the same as the family car, the washing machine or the three-piece suit and things get much more emotional. Disputes over animals have been known to take precedence and trump everything else when an amicable division of family assets might otherwise have been agreed upon. The family pet is the sticking point, often providing an outlet for personal frustrations that might not otherwise have surfaced.
Most cases involving animals are resolved before they reach the point of having to be decided by a judge. The costs involved in hiring a lawyer for days on end to argue a claim for a favorite pet would be prohibitive. Despite the cost issue, the best approach, no matter how attached you are to the animal, is still to try to negotiate a deal. As is the law in England and Wales, the best interest of the pet will not be considered and the pet will continue to be treated as the personal property of the parties. And as any lawyer will tell you, the best way to divide personal property is with a flip of a coin.
When there is a pet that you have a special devotion to, it is always better to discuss what should happen in the event of a breakup and record this in a separation or postnuptial agreement. Above all, always be realistic about the practicalities of having a pet if you are going to be alone. Think about how it will fit in with your living arrangements and work hours. In particular, never try to take a pet away from your children. Be open to a commitment agreement with the shared care of the pet. Most importantly, just like with children, always remain calm around the pet, as they can be very sensitive to conflict which can scare or unnerve them.