Are you a pet owner going through a breakup or divorce? Are you worried which one of you will get to keep your pet?
Who gets to keep the dog, cat, rabbit or fish even?
As a pet owner myself this is a subject close to my heart. Our pets are like our children and you would think there would be some law in place to decide fairly who gets to keep the pet during a breakup or divorce, with similar care and attention as to that applied when discussing child care arrangements.
Unfortunately this is not the case, the law in the UK is quite harsh, the pet is treated as a chattel (in the same way as a piece of furniture in your home!). They are classed as a personal possession. Shocking isn't it, as we all know they are much more than this, at the very least they have a pulse unlike my sideboard!
In terms of who gets to keep the pet, technically the person who bought the pet gets to keep it. The registered owner and the person who has paid for things such as insurance, vet bills etc.
Sometimes this can be contested if there is evidence that the pet was a gift.
If an agreement can not be reached as to who keeps the pet, then the court will decide for you.
This can be an area of real angst for pet owners going through a breakup or divorce. It can be an emotional topic and solicitors get a lot of questions in this area, as you would expect given just how many households these days have a family pet.
Should I get a Petnup?
What is a Petnup you might ask? Well you can probably guess from the name, it is a document put in place in a similar way to a prenup, but one that specifically deals with the pet.
The Petnup should include things like who will the pet live with, who will pay for vet bills, who will pay for food and who will look after the pet when you go on holiday. The Petnup could also state that the care will be joint, so time spent with each partner.
Personally I think these are a great idea, this could save a lot of heartache during your breakup (losing your partner is enough heartbreak surely!).
If you have children, then one good idea would be to let the pet go with the children, i.e. when the children visit the other parent the pet goes with them. This may not always be practical depending on the type of pet that you have (i.e. easy with a dog, slightly harder with an outdoors cat).
The Law is Changing
Things are changing though, thankfully. In Spain they are now considering the pets welfare when couples break up or divorce.
In October 2021, a Madrid judge gave joint custody of a dog to an unmarried couple who sought a court ruling on whom the pet should stay with after they separated. The dog spends a month with each of them and both are legally responsible.
Previously, a lawyer seeking joint custody of a pet had to prove both members of a couple owned the animal as an object, giving whoever had registered the pet an advantage.
Now a judge has to determine where the animal will fare better and that determination is based on the animal's wellbeing.... hooray!
Positive Benefits
Having a pet around during your breakup can have such a positive impact on your mental health and be a huge support during your breakup. They are naturally mood boosting and spending time with animals has been shown to reduce stress and anxiety. They ease loneliness, sometimes encourage exercise and improve your overall health.
I love having a dog (sometimes it's hard work!) and if I ever remarried I'd be getting that petnup in place!
p.s. my dog is called Freddie (shown in the picture) not Fluffy :-)
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