There are numerous assets that are considered when a couple decide to separate, but one that is not often discussed is what happens to the pets. Pets are often considered to be part of the family and as such it is common for lengthy disputes to turn sour during discussions over pet custody.
In the eyes of the law a pet is an item that is owned, similar to furniture. The legal definition for an item owned is a chattel. This means that the Court should be able to deal with disputes arising over pets.
The best way to manage decisions relating to pets after a separation would be to discuss the matter amicably and try to reach an agreement, this may involve sharing ownership of the pet and setting a timetable or deciding who will have sole custody. However, in situations where custody cannot be agreed amicably the courts may step in.
For married couples, the court can order a transfer of ownership and can even order costs for the upkeep of your pet. This upkeep is added to the overall financial award given when all the finances are dealt with during the divorce.
For couples that are separating, the courts do not follow the same rules as they do when splitting the assets in a divorce however they will be able to decide based on legal principles. They may decide who the pet belongs to based on the following factors:
· Who paid for the pet
· Who pays for the upkeep of the pet
· Who is the key provider
· Who pays any medical bills or pet insurance
· Who is registered for the vet
Going through the courts is costly and often judges are hesitant to make an order relating to pets. In the eyes of the court the matter is trivial in comparison to financial decisions and child agreements.
For unmarried couples, it may be sensible to enter into a cohabitation agreement, as this can be used to set out arrangements for the family pets such as who should care for them and who they would live with following a separation.
At Dylan Nair Solicitors we understand the impact a pet can have on your family. If you would like to speak to our expert Family law solicitors, please contact us on 01772 494366.