France has recently updated its Civil Code to recognise pets as “living beings endowed with sensitivity”, rather than simply property. This change reflects the emotional importance of pets in family life and allows courts to consider their welfare in legal disputes—especially when couples separate.
What’s the situation in England and Wales?
Currently, pets in England and Wales are still treated as personal property (chattels) under the law. This means that in separation cases, ownership is often determined by who paid for the pet or whose name is on the registration.
However, courts are beginning to take a more sensitive and welfare-focused approach, especially where both parties have strong emotional ties to the pet. Judges may now consider who has been the primary caregiver, who can provide a stable environment, and what arrangement is in the pet’s best interests.
How could this affect you during separation?
If you’re separating and share a pet, here’s what you should know:
- Child arrangement-like considerations: While pets aren’t children, courts may start to apply similar principles—looking at emotional bonds, daily care, and continuity of routine.
- Agreements in advance: You can include pets in cohabitation agreements, pre-nuptial agreements, or separation agreements to avoid future disputes. These can outline who the pet will live with, how costs will be shared, and whether contact will continue.
- Mediation options: Mediation can help couples agree on arrangements for pets without going to court. This might include shared care or visitation—similar to child arrangements.
- Future legal changes: France’s reform could influence future legislation here. If public attitudes continue to evolve, we may see pets given a more formal legal status in family law.
What should you do if you’re separating and have a pet?
Speak to your solicitor early. Whether you’re married, cohabiting, or separating, it’s important to get advice on how best to protect your interests—and your pet’s welfare. Solicitors can help you explore practical solutions, draft agreements, and guide you through mediation or court proceedings if needed.
How Nelsons can help
Hannah Bridgwood is a Senior Associate in our expert Family Law team. She specialises in cohabitation, the breakdown of marriages and civil partnerships and domestic abuse.
If you have any further questions or want to discuss any aspect of this article, please contact Hannah or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
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