Many people consider their pets as members of the family. However, from a legal perspective, they are treated as personal belongings in divorce proceedings, so their welfare is not something that the Court will take into consideration, although this approach does appear to be outdated. It falls under Family Law if the couple is getting divorced but what if they are not? How would a pet be dealt with by the Courts in such a scenario?
As said, pets are treated as personal belongings. Therefore, the Court will look at the answers to the following questions:
- Who purchased the pet?
- Was the pet a gift to someone?
- Whose name is the pet registered in? Whose name is on the microchip database?
- Who has been funding the pet’s care, e.g. food, vet bills, insurance, etc.?
- Who is the primary carer of the pet?
This type of pet custody case is likely to be heard by the County Court under the Small Claims Track and an application can be made for a declaration of ownership under the Torts (interference with Goods) Act 1977. The Court can make an order for:
- The return of the pet;
- Damages for wrongful retention of the pet;
- The Possession of the pet be shared; or even
- The sale of the pet and share of the proceeds (in theory), but this is unlikely to happen especially when the couple has had it for a long time.
Not all of the disputes will require judgment from the Court. They can be resolved via mediation, which was previously discussed in our blog.
The best way to avoid this type of dispute is to draw up a ‘pet-nup’, which is a pet equivalent of a pre-nuptial agreement. The agreement can deal with the rights of ownership and, arrangements for the pet’s ongoing care and expenses if the couple separates from each other. Like pre-nuptial agreements, they are upheld by the Court but not legally binding or conclusive. The Court will weigh up the agreement with other circumstantial factors when making a decision.
How can Nelsons help
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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