Who gets the dog after a breakup? Expert explains your rights
It’s one of the most stressful times of your life along with a death in the family or a house move. Yet, according to Mediate UK, in the years 2022-2024, 42% of marriages in the UK ended in divorce. And according to the World Animal Foundation, 17.2m households in the UK have a pet.
That’s a lot of cats and dogs going through a family divorce. But when you’ve divided up your house, your debts and your furniture, what happens to Fluffy or Fido?
Lucy Mead from David Gray Solicitors said: ‘Given that around 57% of UK households own a pet, inevitably there are cases where a family pet becomes the focus of a divorce. Pets are often a deeply emotional issue during separation.
‘While not every divorce involves disputes over pets, we do see cases where a separated couple are in dispute about who should keep the family pet. Ownership is the key factor. If there is a dispute, then the court will approach it in the same way as any other personal item.
‘The Court will encourage a separating couple to reach agreement and are likely to suggest they use a form of non-court dispute resolution such as mediation or arbitration, with arbitration providing a quicker, binding decision. Any agreement reached about who keeps the family pet can be recorded in a financial Consent Order.’
But there is more than just the legalities to consider.
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How does divorce or separation affect a pet emotionally?
Lana Logar, pet psychologist says: ‘Divorce and separation can be very stressful for pets. Animals thrive on routine and stability. So sudden changes can unsettle them.
‘Dogs may show it for example through whining, pacing, loss of appetite or destructive behaviour. Cats for instance often withdraw, hide or overgroom. Small pets (like rabbits or birds) can also react. Sometimes with illness triggered by stress. To help pets try to keep feeding and walking times consistent.
‘Try not to argue around pets. Just as kids they pick up tension easily. And If possible, let the animal stay in the familiar home with their main caregiver.
‘In my opinion shared custody can be confusing. Unless both homes are calm and routines match closely. I’ve seen pets do best when they feel secure, loved and not caught in the middle. Comfort, patience and stability are the most important basics you can give them.’
Then there’s the law to consider
In an acrimonious divorce and both partners want the dog or cat, who wins? Fotoulla Menikou, The Friendly Family Lawyer, says: ‘Despite the importance of pets within many families, in England and Wales, the current law treats pets as personal property (chattels) during divorce, similar to furniture, jewellery and cars. As a result, decisions about pet ownership are usually based on factors such as who purchased the pet, whose name is on the microchip or vet records, and who has been financially responsible for their care.
‘This approach reflects the absence of a specific legal framework within family law governing pet ownership. Unlike in disputes involving children, where a judge is legally required to consider the child’s welfare and best interests, the court has no duty to assess the welfare or emotional needs of a pet.
‘This remains the case even though many people experience deep emotional bonds with their pets, comparable to the attachments they have to their children. However, there is growing support for pets to be recognised as more than just property under the law and recent case law suggests that this shift may be starting.
‘In one case, the court initially considered the usual factors relating to ownership, noting that “the dog is a chattel”. Yet, District Judge Crisp did consider the welfare of the dog to some degree. The deciding factor was not who had historically looked after the dog, but who was currently providing day-to-day care and, crucially, who the dog viewed as her carer.
‘This case provides more scope for courts to ascertain a pet’s needs and assess how a change in arrangements may affect not only the pet, but the people around it.
‘Other countries, such as Spain, take a very different approach. Their courts are obliged to prioritise a pet’s welfare and care needs during divorce, including the emotional bonds between the pet and members of the family.’
Kate Daly, divorce expert and co-founder of online divorce services Amicable, says: ‘Sadly, pet disputes are increasingly common. Around 50% of UK households own a pet, and more and more couples view them as family members rather than possessions. Because pets are so emotionally important, disagreements can become heated – sometimes even more so than arguments about furniture or finances. At amicable, we regularly help couples navigate pet arrangements, particularly for dogs.
‘Under English and Welsh law, pets are legally considered “chattels” – personal property – just like a car or a sofa. That means the legal owner is the person who ‘bought’ the pet, which can feel very outdated because to most people, their pet is a beloved companion, not a possession. The law hasn’t caught up with how families view their animals, so the emotional weight often far outweighs the legal framework.
‘If couples can't agree, traditionally a judge could decide ownership based on who bought the pet, who is the registered keeper, or whose name appears on vet bills and insurance. However, increasingly judges are looking at pets more in terms of what’s in the animal’s best interests.
‘However, going to court is expensive and stressful and courts rarely have time to consider the animal’s welfare in detail. That’s why amicable encourages couples to reach their own agreements, thinking about the pet’s wellbeing as well as practicalities like who has time, space, and financial means to provide daily care.’
But what about the ‘type’ of pet. Does it matter?
Kate Daly says: ‘No. The law doesn’t differentiate between dogs, cats, or any other pets. However, in practice, couples tend to recognise that some animals, like cats, don’t cope well moving between homes. So, while a dog might “share time” between households, cats are usually better off with one consistent home, with the other person visiting or contributing to costs.’
And what if you didn’t buy the animal…but you were the main carer? Kate Daly says: ‘Traditionally, the law prioritises legal ownership over day-to-day care. But as the example above shows, increasingly judges are recognising evidence of care, such as feeding, walking and vet visits, and what’s in the best interests of the pet. At amicable, we often help couples recognise that emotional and practical bonds matter just as much as receipts.’
How to keep your pets happy during divorce
‘Pets can get caught in the middle,’ says Kate Daly, ‘so it’s vital to keep their welfare at the centre of decisions. Ask: what’s best for the animal, not just what feels fair to us?
‘Written “co-petting plans” are really helpful. These can outline where the pet will live, how costs will be shared, and how decisions like vet care will be made. Separation is hard enough for humans, so removing the stress of a “pet tug-of-war” can make the whole process kinder.
‘amicable’s role is to help couples work together to find solutions that suit everyone – including the four-legged family members,’ explains Kate.
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