The fate of the dog in divorce: are courts starting to view pets as one of the family?

James Maguire, managing director at Maguire Family Law

The recent, aptly named, case of FI v DO has reignited the debate about what should happen to pets in the event of divorce. Whilst pets have previously been viewed as chattels (personal property), in this case, the court considered the welfare of the couple’s golden retriever dog as well as the emotional bond between the dog and the children.  

The case was before the court to resolve financial issues, but who should keep the dog was the most fiercely contested of these, even more so than the family home. Whilst the wife argued that the dog was a family pet of which she had been the primary carer for 18 months, the husband hoped to breed the dog.

Reflective of the approach taken when looking at child arrangements, the judge considered who had primarily cared for the dog, the living arrangements post-separation and which environment would best support the dog’s wellbeing, even acknowledging the wife’s home as its “safe place”.

This could mark a significant shift in how pets are treated in divorce cases, moving away from a focus on who paid for them and towards who will have their wellbeing at heart. For most, dogs are an intrinsic part of the family, much more than personal property. As such, who gets to keep the pet is a common trigger for feuds and conflict in divorce proceedings.

If we look to other jurisdictions, such as France or some states in the US, legal attitudes towards pets are evolving. More weight is being placed on the emotional value they provide to families, who the primary caregiver is and the animal’s best interests.

It will be interesting to see if this judgement sets a precedent going forwards in England and Wales. Perhaps we will see the introduction of a form of ‘welfare test’ for dogs mirroring that for children involved in a divorce. Either way, there is a need for greater recognition of the fact that pets have emotions and needs, as well as impacting considerably on those of their owners.

With the rise of the petnup and battles over pets increasingly commonplace from celebrity divorce down, the law needs to reflect this change in attitudes and acknowledge the importance of pets in family life. Whilst the courts in England and Wales have previously been reluctant to consider pets as more than just another asset, it’s time to recognise that their status in a family is much more akin to a child than a piece of furniture.