Today, the Working Group on Pets in Divorce and Separation is attending the House of Lords to discuss potential legal reforms regarding how pets are treated during the process of separation. We are often asked about the fate of family pets when couples are negotiating financial settlements. Whilst pets may not hold significant financial value in the overall picture of assets available, their emotional importance can often far outweigh other considerations. So, what is the answer to who gets to keep the dog in a divorce?
Currently, pets are classified as property, and courts tend to focus more on ownership rather than the welfare of the pet. As a result, it has been uncommon for courts to intervene in decisions relating to pets. However, a recent case brought the issue to the forefront in a memorable way, highlighting the growing concern about the role pets play in people’s lives post-separation.
The case FI v DO [2024] EWFC 384 (B), one of the final cases of 2024, focused on the division of the modest assets of Mr. FI and Mrs. DO, with the family home being the main asset to be divided. The court was also tasked with considering the welfare of the couple’s dog, which had played an integral role in the family’s life, including that of their children.
As noted in the judgment, the judge acknowledged that, had it not been for the issue concerning the family dog, the case may have been resolved much earlier, without the need for judicial intervention. The judge further remarked that she felt as though she was dealing with a case regarding the arrangements for children, rather than a simple asset division.
The court clarified that the outcome was not based on who purchased the dog, although it was agreed that it was a joint acquisition. Instead, the focus shifted to who had been caring for the dog post-separation, and what would provide the best environment for the pet’s well-being. Ultimately, the court ruled that the dog should stay with the wife and children, as they had been the primary caregivers for the dog during the 18 months following the separation.
This case, while fact-specific, demonstrates the growing recognition of the emotional significance pets hold in families and the discretion available to family judges. Although the name of the case may bring a smile, its outcome reflects the increasing importance of considering pets as more than just property in divorce proceedings.
In response to this growing trend, the Working Group on Pets in Divorce and Separation, which includes lawyers, veterinarians, and an animal behaviourist, was established in late 2024. The group is advocating for legal reforms to ensure pets are treated differently from other forms of property in family law. On 27th February 2025, The Baroness Berridge addressed the issue in the House of Lords as part of a wider debate on prenuptial agreements, urging the Government to consider reforming the law. This marks an important step forward and could pave the way for the UK to follow the lead of some of its European neighbours, who have already updated their laws to reflect the evolving attitudes towards pets.
At DTM legal not only do we love our pets, we also offer expert legal advice to ensure our clients proceed with confidence. To learn more about our services, visit our Divorce and Dissolution page or contact our Family Law team by emailing family@dtmlegal.com.
