In our previous blog, we discussed how the Court would approach a dispute regarding pet ownership. Essentially, pets are property in English and Welsh law. A couple can keep records relating to the purchase of the pet, as these can prove ownership. The original ownership documentation is not decisive as ownership can change from time to time. For instance, if a dog has been purchased as a present for one’s partner, ownership has moved from the one who purchased the dog to his/her partner. In order to prove ownership, the partner would have to adduce evidence to show the action of gifting, like text messages/photographs.
The Court may still consider other factors that are not related to the purchase of the pet. In this case, the Court decided to take into account factors such as who had looked after the dog and the feelings of the children who had lived with the dog, and decided that the dog should stay living with the wife and the children. However, this case is a family case concerning a married couple, and the husband stated to the wife that they purchased the dog jointly in his letter before the action.
What to do to prevent a pet ownership dispute?
1. Cohabitation agreement
Cohabitation agreements are enforceable in English and Welsh law. The ownership of the pet can be agreed upon in the document. If the pet does not exist on the date of the contract, the couple can agree that ownership will be the purchaser of the pet.
2. Pet-nup (i.e., pet-nuptial agreement)
This is similar to a pre-nup (i.e., pre-nuptial agreement) that is signed before a couple gets married, which will determine what happens if they separate/divorce. It can be a stand-alone agreement or incorporated as part of the cohabitation agreement mentioned above, setting out:
- Who is the legally recognised pet owner;
- Where the pet should be primarily living in the event of a relationship breakdown;
- The level of access to the pet by the non-resident owner;
- The financial responsibilities towards the expenses of the pet; and
- How decisions should be made in relation to the pet’s health/welfare issues.
This will avoid a situation where the Court takes into account factors that are not related to the purchase of the pet as mentioned above, and provide certainty to the parties.
To discuss creating a cohabitation agreement/pet-nup tailored to your circumstances, get in touch with us today.
How we can 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.
Contact us