Who keeps the Dog?

Every year the Pet Food Manufacturers’ Association commission a Pet Population Report. In 2013, 8.5 million of us were dog owners. This means that 25% of all households in the UK had pet dogs.

The Daily Mail has recently reported the results of a survey which revealed that one fifth of separating couples found that it was very difficult for them to decide who would keep the family pet and that this created as much stress as decisions that had to be made over their children.  

The survey further revealed that whilst their pets were very important to many couples, there were also many instances when neither party wanted to keep the dog and it has been reported that the Dogs Trust alone had to care for nearly 400 abandoned pets over the past 3 years as a result of the owners relationships breaking down.  

We as a nation are fond of our “four legged friends” and clearly when the owners are going through a separation or divorce, issues over the dog can be as important to them as determining who keeps the family home and how the pensions are to be divided. 

Judith Fitzpatrick, who is the Head of the Family Law Team at RDC has experience in dealing with cases involving pets.  She comments “the arrangements for the dog can require just as much expert input from an experienced Family Lawyer as any other issue that might arise when a couple split up.    I have not had any cases involving the families pet hamster or goldfish, but I have had a number where “custody” of the dog has been a major issue which the separating couple have found difficult to resolve.   I have witnessed first hand just how attached people can become to their animals and decisions that may have to be made about them can create considerable emotional upheaval.  This has to be approached in a pragmatic and sensitive way in the hope of achieving a solution which is acceptable to both parties.” 

Interestingly, the survey further revealed that nearly a third of the couples interviewed said they would consider signing a Pre-Nuptial Agreement, that is, a document to set out what would happen to their dog in the event of them separating.  

If you find yourself in this situation or want advice about what your options might be, then please do not hesitate to contact Judith on 01274 723858 or email her at judith@rdcsolicitors.co.uk