What happens to a pet on divorce or separation?

How do the courts decide who a pet should go to

The English courts do not generally make decisions about who gets which chattel and try to encourage the parties to agree a division of the chattels between themselves. The court uses its discretion to make decisions about pets if it is deemed necessary to determine the appropriate outcome for a case. For example, there may be situations in which the pet has financial value or generates an income for the family by being a thoroughbred horse with demand for stud usage.

What approach do other legal systems take

Other legal systems adopt different approaches to pets. For example, in America, a ‘petnup’ can be entered into setting out what happens to the pets in the event of the relationship breaking down and the courts have enough evidence from pet psychologists about what is best for the pet’s long-term interests. In recent years Spain has introduced new legislation which deems that pets are to be treated as ‘sentient beings’ rather than chattels. This imposes an obligation on the judge handling the case to take the pet’s welfare into consideration when deciding with whom the pet should reside. This is similar to the consideration given to children arrangements in English law; when there is a dispute about contact arrangements for children, the welfare of any child will be of paramount consideration. 

However, when it comes to pets no such consideration is given and for the time being they remain an item of property whose future is decided by a relatively arbitrary decision of a judge if the parties cannot agree.

Is there a solution for deciding who should have the care of a beloved family pet?

Whilst they are not legally enforceable in England, couples can still enter into a ‘petnup.’ The court may decide to take this into consideration, however, the judge is not required to do so and may just treat the pet as it would a chattel. Therefore, unfortunately for pet lovers in England there is currently no simple answer to the above question. There has been an increase in the use of ‘petnups’ in recent years and the hope for the future is that the court will start to look at these agreements more favourably which will then lead to a change in English law.

How our Family team can help you

At Thackray Williams, our team of expert divorce lawyers in London, Kent and the South East are highly experienced and in your corner when it comes to divorce or dissolution of civil partnerships.  Our specialist divorce solicitors are here to offer all the expertise and support you will need to get through your divorce and navigate the division of the associated finances successfully and with the most beneficial outcome possible.  

Our family team at Thackray Williams are members of Resolution.  Resolution is a community of family justice professionals who work with individuals and families to resolve issues in a constructive way.  Members of Resolution follow a Code of Practice that encourages constructive, child-focused solutions and reduces unnecessary conflict.

By prioritising calm negotiation, mediation, or collaborative law, they help clients achieve outcomes that are fair, sustainable, and emotionally healthier.

A Better Way Forward

Divorce will always be challenging, but it doesn’t have to define your future. With the right support and mindset, it’s possible to have a good divorce — one that respects the past while focusing on what comes next.  How you divorce matters — for you, your children, your pets and your peace of mind.

If you’re considering separation, please contact our specialist family lawyers in London, Kent and the South East to obtain the expertise and support needed to help you through your divorce.    You can reach our expert family lawyers on 020 8290 0440.  

Content is up to date as of 13 November 2025.  Legal information | Thackray Williams