Who Keeps The Dog? Petnups In Divorce


Would you consider a ‘Petnup’?

As a nation of animal lovers, you won’t be surprised to hear that the issue of who gets to keep the family dog/cat/parrot on divorce can be quite fraught…

The court’s approach to this issue in England & Wales is not particularly sophisticated. Animals are not a standalone consideration for the court and are essentially treated as items of personal property, meaning that ownership can be transferred between spouses during the divorce process. Whilst you can expect a court to have regard for animal welfare as part of any decision-making process, this is not mandatory. And if you are not married, there is no legal basis for transferring ownership of animals between you upon separation.

In consequence, there is apparently now a move towards drafting ‘petnups’, a written agreement detailing what would happen to your pet in the event of a separation.


If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.uk.


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