‘Petnups’ - Searches surge over 80%, who gets the pet in a divorce?

Searches for ‘pet divorce’ have increased 81% in the last month, with around 4,000 searches a month, on average. But what happens to a pet during divorce proceedings? Family lawyer experts at Weightmans outline your rights to keeping your pet during this time.

Who gets the pet in divorce proceedings?

There may be evidence that one person is the main carer of the pet, or it may be possible to establish who bought the animal. That information may assist in resolving where the pet should live.

Families are encouraged to think about who is best placed to care for the pet after the separation, who has time to look after the animal, and whether any children would be affected by the decision.

During a divorce, all pets are classed as chattels, or personal possessions. That means that they are treated the same way as household objects would be during a divorce, and ownership can be transferred between the parties.

The pet will likely stay with the person who bought it, unless it was gifted, and then the recipient would most likely keep the pet. However, in 2025, the Family Court published the case FI v DO [2024] EWFC 384, in which ownership of the family dog was considered. The Judge determined that whilst evidence about who purchased the dog was relevant, of more importance was the evidence about who cared for the dog and where its true home was. Whilst reiterating that family pets should continue to be treated as chattels, this was the first time that a judge looked beyond strict financial ownership and considered where the dog might be best placed. The best approach is to try and reach an agreement about where your pet will live, but if you are unable to do so, the family court will decide.

How can you prove pet ownership?

It may be possible to provide proof of purchase, although if the pet has been gifted to the family or a family member, that can change the court’s approach.

A judge has a wide discretion to achieve a fair outcome and will look at evidence of who cared for the pet, in whose name the microchip is registered, and who has arranged and paid for veterinary care.

The judge may also look at what arrangement is best for the family. Will both parties live in a house that looks after the pet? And what would be the impact on the children if the pet lived with one parent rather than the other?

Since pets are considered to be chattels, the outcome may be that they continue to be owned by the person who either acquired them or received them as a gift. Advice should be taken before removing a pet from the family home, but if your ex-partner can prove they are the rightful owner, they may be entitled to remove them.

The rise of the ‘Petnup’ - should you get one?

Similar to a Prenup, a Petnup will set out what should happen to your pets if you separate or divorce. The pet nuptial agreement can be tailored to your family’s circumstances, and they typically include arrangements for who cares for the pet, who pays the vet and insurance fees, and whether the other person has ‘visitation’ rights. Quite often, a family dog will travel with children between the parents, but that may not always be appropriate.

The Petnup can form part of a wider prenuptial agreement and can therefore include other agreements you may have reached about what would happen if there were a separation.

If you are worried about the cost surrounding keeping your pet, depending on your circumstances, you may be able to claim spousal maintenance from your ex-partner. In those circumstances, you would produce an expenditure budget of your outgoings, which would include the costs of caring for your pet. The court would then consider what is reasonable and what your former spouse can afford to pay.

If it is not possible to agree on who would keep the pet, and no agreement was put in place, then you could consider attending family mediation, which would allow a neutral third party to help you find a compromise. Should mediation not be successful, your pet would be considered as part of your overall financial settlement and can be included in negotiation between solicitors or ultimately in a court application.

Who gets to keep horses after a divorce?

It’s not just cats and dogs that need to be thought about during a divorce. One of the more common animal issues relating to bigger animals, such as horses, is the upkeep and the significant value of the pet. Horses are typically expensive to purchase and maintain, with high ongoing costs and care requirements.

If you can meet those costs from your own income, then it is likely you would be able to keep the horses after your divorce. However, if you aren’t able to afford the cost, then the court would look at whether it is reasonable and affordable for your former spouse to contribute.

If the horses have a significant value, then this may be a factor when looking at an overall financial settlement. As with pets, horses will be treated as chattels and may be valued by an expert.

Lucy Phipps, Family Lawyer at Weightmans, adds, “It’s crucial to think about what will happen to a pet during divorce proceedings. Having a Petnup in place can help alleviate the stress knowing the desired outcomes have already been agreed upon. Seek advice if you’re unsure who has ownership of the pet or if you’re concerned about the outcome,, as lawyers will be able to offer you practical and sensitive advice during this time.”