07 November 2025
Katie Andrews Trainee Family Solicitor
As much as pets often are part of the family, under the law, they are treated as ‘property’. This means that when it comes to divorce and separation, pets will be treated the same as other chattels within the house such as cars or jewellery.
Whilst this is a difficult concept to consider when it comes to a much loved family member, it is important to consider the legal position when it comes to divorce and separation.
Similarly to chattels, it would be very rare for the Court to become involved with making decisions on what happens to the pet.
If necessary and no agreement can be made, the starting point for the Court will include who paid for the pet and who is the registered legal owner. It is important to note that this may be different if there is clear evidence that the pet was a gift. It is not always clear who has paid for the pet’s wellbeing and this is where matters can become complicated, particularly when it comes to divorce.
‘Pet-nups’ are becoming more and more common as individuals worry about what will happen to their pet if they were to separate. A pet-nup is an agreement between the parties which would set out what would happen to the pet in the event of separation. It may also detail who is responsible for paying for the pet’s general maintenance.
It is important to recognise that whilst the Court does not currently consider ‘pet-nups’ to be legally binding, they could take these in to consideration should a future conflict arise and they are therefore an effective way of ensuring the intention is clear from the outset.
If you would like assistance from AMD’s Family Department, please book an initial consultation by calling us on 0117 962 1205, by email to info@amdsolicitors.com or via our website.
