Who Gets The Dog? A Landmark Shift In UK Divorce Law—And Why You Should Consider A Pet-Nup

Emma Davies

Reading time: 7 minutes

In a landmark decision that’s reshaping how pets are treated in divorce proceedings, this case has brought the emotional significance of family pets to the forefront of family law in England and Wales.

The Case

The dispute centred around a golden retriever puppy, “N”, deeply loved by both parties and their children. The husband claimed he had purchased and trained the dog, even registering her as a disability support animal to assist with his mental health. The wife, however, asserted that the dog was a joint family purchase, primarily for the children, and that she had been the sole caregiver since the couple’s separation.

The Court was presented with conflicting accounts, including an incident where the husband allegedly forcibly took the dog from the wife’s mother, leading to police involvement and distress for the children. The judge ultimately found that the husband’s registration of the dog as a support animal was strategic, aimed at strengthening his legal claim rather than reflecting genuine need.

The Court ultimately sided with the wife, emphasising the dog’s welfare and emotional bonds over strict ownership rights.

A shift toward welfare-based decisions

District Judge Crisp’s decision marked a departure from the traditional view of pets as property. Instead of focusing solely on ownership or financial contribution, the Court considered:

  • Who had been the dog’s primary caregiver
  • The emotional impact on the children
  • The dog’s own behaviour and sense of security, such as returning to the family home after being taken by the husband.

The judge said:

“Not who has purchased the dog, that fact in my view is not as important as who the dog sees as her carer”.

This approach is not dissimilar to the “best interests” test used in child arrangements, recognising that pets are more than possessions—they are family.  Whilst it is only a “first instance” decision in a lower family Court and not binding case law, this decision is undoubtedly helpful for solicitors, judges and clients whose beloved family pet can often be an important and deal-breaking element of any financial agreement on separation.

Why you should consider a pet-nup

As disputes over pets become more common—and more emotionally charged— “pet-nups” or pet clauses in pre/post-nuptial agreements are becoming more of a serious consideration. These agreements can help couples avoid conflict and protect the welfare of their pets.

Benefits of a Pet-Nup

1. Clarity and certainty
A pet-nup sets out who will keep the pet in the event of separation, reducing ambiguity and potential disputes.

2. Welfare-focused planning
It allows couples to agree on care arrangements that prioritise the pet’s well-being, including living arrangements, vet care, and financial support.

3. Reduced emotional stress
Divorce is already emotionally taxing. A pet-nup can prevent further distress by avoiding battles over beloved animals.

4. Court efficiency
With clear agreements in place, Courts are less likely to be burdened with pet disputes, allowing for quicker resolutions.

5. Customisable terms
Pet-nups can be tailored to suit the unique needs of the pet and the family—whether it’s shared custody, visitation rights, or financial responsibilities.

Legal reform on the horizon: The UK working group on pets and divorce

In response to the growing number of pet-related disputes, a UK-based working group has formed to advocate for legal reform. Founded by Estella Newbold-Brown and Sarah Lucy Cooper, the group includes solicitors, mediators, and animal behaviour experts who believe pets should be treated as emotionally significant family members—not mere property.

What the committee is doing

  • Campaigning for legislative change to reflect the emotional and welfare needs of pets in family law
  • Collaborating with organisations like the RSPCA and OurFamilyWizard
  • Promoting welfare-based pet care plans through expert guidance from professionals like Karis Nafte, a Certified Dog Behaviour Consultant and Accredited Family Mediator

The group is also gathering case studies and public support to push for reform, and has launched a petition calling for pets to be recognised as family in law.

Final thoughts

The case marks a potential change for couples and legal professionals alike in England and Wales. Pets are increasingly seen as integral members of the family, and the law is beginning to reflect that reality. In Spain, the Courts have to give priority to the pet’s welfare and care needs and emotional attachment to other family members can be a determining factor. Australia has reformed the legal treatment of pets on divorce in recent legislation recognising emotional bonds and taking account of various factors, not only the purchase and ownership of the animal, but how caring responsibilities have and will be met, along with the parties and children’s attachment to the pet. The case represents a step by the Court in a similar direction.

In the meantime, a pet-nup is a practical, compassionate tool that can help ensure your furry family member is protected—no matter what the future holds.

As legal reform gains momentum, now is the time for families and practitioners to think proactively about pet welfare in separation. Whether through agreements or advocacy, the message is clear: pets (are starting to) matter (to the Court).

How can we help?Pets Divorce Proceedings

Emma Davies is a Partner in our Family Law team, which is ranked in Tier One in the independently researched publication, The Legal 500.

Emma specialises in divorce and financial settlements, which involve complex issues and substantial assets. She also advises on pre- and post-nuptial agreements, cohabitation agreements and separation agreements, along with private law Children Act disputes. Emma is a qualified collaborative law and Resolution Together practitioner.

If you need advice on any divorce-related matter or have any other family law-related queries, please contact us, and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide, along with details of our hourly rates and fixed fee services.

For more information or advice, please call Emma or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.

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