A new petition in England and Wales calls for legal reform regarding the status of pets and how they are treated in legal disputes.
This campaign is calling upon the Government to reform outdated laws whereby pets are merely treated as property, particularly upon separation or the breakdown of a marriage.
For millions of families across the UK, pets are more than just animals, they are cherished members of families. The 2024 National Dog Survey by Dogs Trust found that ‘95% of dog owners said that their dogs are family’. Similarly, Purina’s research found that 73% of people view their pets as one of their best friends. These statistics clearly reflect how families across the nation consider their pets as family members, not possessions.
Sadly, legal disputes can arise involving pets, particularly when separating couples cannot decide who will take ownership. It can become a contentious issue and pet owners quickly come to learn that the law treats pets as mere property otherwise referred to as ‘chattels’.
The new petition emphasises how the current legal framework in the UK fails to recognise the reality of our nation of pet-lovers whereas in many other jurisdictions, for example, Spain and France the laws have been updated to ensure that pets are protected on divorce and separation. From this, the campaign seeks to reform the legal status of pets and for the UK to catch up with how our society views pets today.
It is clear to see that our nation strongly supports the new petition for legal reform with the petition having gained over 2,700 signatures within the first few days of its launch. If disputes regarding pets continue to grow, as part of divorce proceedings, we may see a change in legislation.
Can we put something in place if we were to separate in the future?
Having discussions on what will happen in the event of separation is a sensible and practical approach. Having a plan in place on what will happen with the family pet can make a future separation much easier where the intentions of both parties of the relationship have been clearly recorded at the outset.
In 2014, the Law Society issued guidance encouraging the use of ‘pet-nups‘ which is an agreement similar to a pre-nuptial agreement but specifically prepared to deal with your beloved pets and what the arrangements would be in the event of future separation. This often includes who will care for the pet, arrangements regarding vet fees and expenses etc.
What if we can’t agree?
We understand it is not always possible to reach an agreement when tensions are high following the breakdown of a relationship. If communication has broken down you may wish to consider mediation, whereby an independent third party to attempt to reach a solution. Alternatively, consult one of our family lawyers for advice.
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