Who Gets The Family Pet?
Ever wondered what happens to the family pet when going through a separation? Family Law Solicitor, Jessica Barnett discusses in her latest blog…
Many of you may be aware of the Pope’s recent comments that choosing to have pets rather than children is ‘selfish.’ The comments have launched hundreds of memes and Twitter posts. The reality is that a lot of us have a huge amount of love for our pets and unfortunately this often comes to the fore when separating.
Many of you may have considered the question of the family pet on separation whether you are married or not. Do you try to share the care of your family dog? Does one party become the main carer of them with the pros and cons that come with it?
Often there are discussions of the strong emotional bond that people have with their pets, the time they have available to spend with them. As well as the associated costs in terms of food, insurance, vets bills, etc.
How It Works In England
In England, pets are legally classed as property and arguments about them on separation are dealt with as such. This means they are considered in the same way as the TV or dining table. Acland Bryant at St Mary’s Chambers has written an informative blog on this which you can access here.
How Does It Work In Other Parts Of The World?
In Spain, the situation has changed somewhat and is now moving towards the position that they have in France (as of 2014) or Portugal, following the passing of a new law. Courts in those countries are now obliged to deal with pets as ‘part of the family’ on separation. Judges are obliged to consider pets as sentient beings rather than objects or property owned by one or the other party. The move in Spain follows the October 2021 case which involved a separating couple being granted joint ‘custody’ of their dog Panda.
Panda will spend a month with each party, and both are considered legally responsible and are considered ‘co-responsible’ ‘co-carers’ as opposed to ‘co-owners.’ Decisions about pets in Spain will now need to consider their welfare with either party in much the same way as we consider a child’s welfare when dealing with parental disputes around the care of a child. The Pope may have something to say about that! You can read more about the case and the new Spanish law here.
For now, in the UK, we are with the majority of the rest of the world in treating animals as property on separation. Although of course, this may change in the future. If you do have concerns about your pet and are in the process of/or are considering separation from your partner/spouse, we are happy to help.
If you are going through a separation or need advice on a family matter, please do not hesitate to contact me at j.barnett@timms-law.com or via phone at 01332 364436. Alternatively, visit the family law page on our website here.
January 2022