When a couple separates, the focus immediately turns to dividing assets, finances, and, most importantly, creating arrangements for the children. However, for many modern families, there is another “child” often overlooked by the law but fiercely loved by both parties: the family pet.
While the law in England and Wales generally treats pets as personal property or “chattels”, we know they are cherished family members and this can lead to difficult discussions and disagreement. Instead of resorting to costly litigation where a judge might simply award the pet to one owner, mediation offers a compassionate, practical, and highly effective way to create a sustainable solution.
The Judicial Approach: More Than Just Property?
In recent times, while the law remains unchanged, the courts have begun looking more at the welfare of pets and how that impacts ownership. The recent case of FI v DO [2024] EWFC 384 provides a useful summary of the current Family Court approach:
- Focus on the Primary Carer: The judge concluded that “who purchased the pet” was not as important as “who the dog sees as her carer” now.
- Welfare and Stability: The judge considered the length of time the pet had been with one party (18 months, which is “a long time in a dog’s life”) and determined that the wife understood dogs, was compassionate, and would always put the dog’s interests first.
- The Outcome: The final order was that the wife should retain ownership. The judge noted it would be upsetting for both the dog and the children were the arrangements to alter. The husband’s assertion that he needed the dog for emotional support was rejected, partly because he had managed without the dog for 18 months.
This might be the beginning of a growing trend. While legally pets are property, the court’s focus in a dispute could now shift more heavily towards the status quo and the pet’s best interests with the established primary carer.
Why Mediation Works for Pet Disputes
Since the law struggles to address the emotional bond with a pet, mediation steps in to acknowledge that bond and focuses on the unique needs of the animal and the realistic capabilities of each owner.
Understanding this “new” judicial approach can inform your negotiation in mediation. Rather than fighting over who “bought” the pet, mediation allows you to focus on:
- Current and Future Care: Which living arrangement best suits the pet’s stability and routine?
- Pet’s Welfare: Who is better equipped to manage the pet’s long-term needs, not just emotionally, but practically?
By choosing mediation, you take control and draft an agreement that is both compassionate and practical.
Key Elements of a Pet-Sharing Agreement
The goal may well be to draft a comprehensive pet-sharing agreement that puts the pet’s welfare first. Here are the key elements you should address:
- The “Pet-Sharing” Schedule (Access and Possession): Establishing a clear, fixed schedule, including arrangements for holidays, travel, and the pet handover process.
- The Financial Agreement: Defining who pays for routine care, how extraordinary veterinary costs are divided (e.g., 50/50), and clarity on routine expenses like food and insurance.
- Decision-Making and Welfare: Defining responsibility for significant long-term decisions, such as choosing a veterinarian, consenting to non-emergency surgeries, and crucially, agreeing on the process for end-of-life decisions.
By doing this, you are demonstrating a joint commitment to your pet’s welfare, securing a stable and loving future for your cherished companion.