Who gets the dog in Divorce?

It is a regular question posed to family solicitors and can be a highly emotive topic.  Unfathomably the legal position in terms of the family pet following a relationship breakdown was that dogs were treated as ‘chattels’ or possessions.  The term ‘chattels’ is a broad category and includes most household items such as the sofa or the television and also pets.  Whether you allow your dog on the sofa or not, it seems heartless to put the two in the same category.

Legal Ownership

In order to determine who should keep the dog the legal ownership needs to be considered.  A number of factors need to be taken into account, such as who paid for the dog, who is the registered owner (named on the microchip) and who paid for the ongoing costs of the dog.

Evidence will need to be provided such as receipts or bank statements to show monies being paid for the purchase price or for veterinarian bills.  Also, documentation in terms of the microchip will be useful.

It is often the case that those considerations aren’t as clear cut.  Perhaps the dog was purchased by one party for the other as a gift and that may need to be taken into account.

In many cases evidence no longer exists and therefore it can fall to one person’s word against another’s.  Or the evidence that does exist may not show the true picture as to who should retain the dog, for example it may have been agreed between the parties that the party who earned the most would meet any costs, not necessarily because they ‘own’ the dog, but it might have been the best course of action in the financial circumstances.  This uncertainty often leads to additional legal argument, delay and costs.

Recent Case law

A recent case decided in the Courts has suggested a very different approach and a potential shift in the law.  Instead of trying to solely determine the legal ownership this case focused on what was in the dog’s best interests.  This may prove to be a useful consideration as it factors in alternative considerations such as who the dog may have a bond with and who is best placed to care for them.  Whilst it is unclear whether this approach will be adopted in all cases it is certainly some food for thought and can help to assist parties who simply cannot agree.

Potential outcomes

Ideally, the parties will achieve a clean break and have no further connections between them to allow both parties the ability to move on with their lives without any involvement of the other.  In this scenario a decision is made as to who retains the dog and that can be recorded in any agreement and become an enforceable court order once approved by a Judge.

However, in some cases where there is a level of agreement between the parties, they can share the care of family pets and work to a rota system much like with children.  Whilst this is something the Court cannot order and even if agreed and contained within a legal document, it is unlikely to be enforceable, it can work for some separated parties.

Conclusion

Despite the recent case law, it is likely that the previous longstanding position, whereby pets are ‘chattels’ will still be considered, potentially alongside the recent case law.

There is likely still going to be arguments between parties as to who should retain the dog and therefore seeking independent legal advice from experienced professionals can assist to resolve the issue through negotiation, compromise and alternative resolutions to factor in what is best for the dog and also the parties themselves.

Article dated: 23/06/2025

Rachael Gromett Family Law Solicitor

Rachael Gromett is a highly experienced Family Solicitor based at our Rotherham office. She has built an excellent reputation, as reflected in glowing client feedback on ReviewSolicitors.co.uk, and she is regularly featured in expert legal videos, including Rotherham Solicitors  

Rachael advises on a wide range of family law matters, including:

• Divorce and Separation
• Pre-Nuptial Agreements and Cohabitation Agreements
• Financial settlements arising from relationship breakdowns
• Child arrangements and parental responsibility

Known for her calm, compassionate manner, Rachael supports her clients through what can often be a complex and emotionally challenging time with clarity, sensitivity, and professionalism.

Rachael graduated from Sheffield Hallam University and qualified in Family Law in 2011.  She was admitted to the Law Society and joined the Solicitors Regulation Authority in 2011.  She is also a committed member of Resolution, reflecting her dedication to constructive, non-confrontational approaches to family law.