Pets on Divorce – A Pupdate!

Who Gets the Dog on Divorce?

A very recent judgment in relation to the treatment of pets on divorce has been handed down in the Manchester Family Court. The case of FI v DO [2024] EWFC 384 (B)  was heard on 20 December 2024. It primarily involved an application for financial remedy following the breakdown of the marriage between FI and DO.

At the heart of the dispute was the former matrimonial home (FMH), but the case also explored issues surrounding housing, maintenance, fairness, and the ‘thorny issue’ of the fate of the couple’s dog, a golden retriever puppy.

In this case, when looking at who should retain the dog, the court considered the welfare of the couple’s dog, which had played an important role in their family life and that of their children. Significant weight was placed on the emotional bond between the children of the family and their dog.

The court considered several other key elements, including who had primarily cared for the dog, the living arrangements post-separation, and which environment would best support the dog’s well-being. This approach appears to be similar to that which the court would take when looking at child arrangements.

The decision was that the dog should stay with FI, who had been the primary caregiver of the dog for the past 18 months. This arrangement was made with the dog’s needs and happiness in mind as the court noted that FI’s home was the dog’s “safe place”. The actual purchase of the dog was considered to be ‘irrelevant’ to the issues in the case.

This is a significant shift in how pets have been treated historically in divorce cases. Prior to this case, and as set out in our recent blog, dogs/pets have been treated as ‘chattels’ i.e. personal property or material objects within court proceedings. Courts would often not wish to become embroiled in decisions as to who should keep the dog and would end up looking at issues such as who paid for the dog/their bills.

It is likely that many dog owners would agree that dogs are much more than items/possessions and rather they can become intrinsic parts of the family. This recent decision therefore appears to be a more accurate reflection of the importance of pets in family life.

Key trends across other Jurisdictions:

This case may also signal a shift in how pets are treated in other jurisdictions.

In the US for example, the treatment of pets in divorce varies from state to state. In Georgia, the court considers the best interests of dogs and what is best for their well-being. Dogs are not treated as inanimate objects and there is an understanding that dogs have feelings and needs. Similarly, California started to adopt the approach of considering the welfare of pets in divorce cases since 2019. However, many other states continue to treat pets as property.

In many European countries, pets are generally still treated as property, but attitudes are evolving. Countries such as France have started to give more consideration to the emotional value pets bring to families.

The main points that the more progressive jurisdictions in this area appear to be looking at are as follows:

• Emotional attachments: Many jurisdictions are moving toward a more compassionate approach, recognising the emotional connection between pets and their owners.
• Primary caregiver: Similar to child arrangements, some jurisdictions consider which party was the primary caregiver of the pet.
• Shift toward sentience: There is a growing awareness of pets’ sentience (ability to feel pain and emotions), which may influence decisions as to who should keep the pet.
• Legal precedents: While few jurisdictions have adopted sweeping reforms, there are notable legal precedents where judges have acknowledged pets as more than property and made decisions that prioritise their well-being which then set a precedent. It will be interesting to see how cases now begin to unfold in England and Wales in the wake of FI v Do.

The importance of this case

This recent case highlights the court’s growing recognition of the special place pets hold within families, acknowledging both legal principles and the practical considerations of a pet’s welfare.

The court’s approach also reflects a broader understanding of the emotional importance pets have, especially when it comes to post-separation arrangements.

Our team at Maguire Family Law can assist with all aspects of a relationship breakdown so please get in touch if we are able to assist you further.