Searches over what happens to pets in divorce rise 150%, says divorce lawyer

In the UK, 12.5 million family households own a pet or pets. With that, the question arises: who gets the pet in the event of a breakup and even a divorce? And with the rise of the TikTok trend DINKWAD (double income no kids with a dog), this question is becoming more important, particularly as we see the birth rate decline.

Divorce solicitors, Simpson Millar, are sharing how divorce agreements including pets have increased and answered the question we’re all asking: what happens to the dog in the divorce and what are my rights?

Simpson Millar analysed search data to understand the rise in divorce with regards to pets, revealing that searches for ‘divorce and pets’ and other related keywords have increased in the last year. This particular search term has spiked by a staggering 150% since June 2023.

Lorraine Harvey, Partner, Family Law, at Simpson Millar, said: “Pet disputes between divorcing couples are becoming increasingly common, with many people seeing their pets as part of their family as opposed to an item of property. However, by law, a pet is considered an item of personal property. Therefore, pets can be legally owned by the person who bought the animal. So, if you did buy your pet and are attempting to divorce your spouse, you would need to prove your ownership to gain full custody of your pet.

“However, there is an exception to this rule, especially if the pet was gifted to you. If you are able to prove the pet was gifted, the courts will look in favour of that. But typically speaking, they will look at who bought the animal, the person the pet is registered to and the person who paid for upkeep such as veterinary bills."

Lorraine, goes on to say, “A shared arrangement is absolutely an option. In this case, a solicitor would put together an agreement - consented to by both parties - outlining visitation rights - such as the time one owner will spend with the pet and for how long - as well as other factors, such as costs. It's important to note that this would be legally binding, due to the court's view of a pet as property."

Pet disputes between divorcing couples are becoming increasingly common, with many people seeing their pets as part of their family as opposed to an item of property. However, by law, a pet is considered an item of personal property.

Therefore, pets can be legally owned by the person who bought the animal. So, if you did buy your pet and are attempting to divorce your spouse, you would need to prove your ownership to gain full custody of your pet.

If you're attempting shared custody of your pet, it's important you establish a routine to avoid additional disputes.

1. Update and check microchip details to ensure both sets of contact details are includedEnsure that the microchip details are correct and include both sets of contact details. You typically add a backup contact to microchip details, so make sure this is correct and includes both locations for you and your ex-partner.
2. Ensure your pet is registered at a vet in both your locationsIf you are living in separate areas, make sure your pet has a registered vet. it's often easier if you have a vet that has multiple locations, as they will have a record of your pet and you don't need to find a new one. However, it is essential that you do this as part of your shared agreement.
3. Opt for longer periods of time as part of your shared agreement If you have a dog or a cat, it might be best to extend your visitation for longer periods of time to ensure they recognise your new home as their home. If you do have a cat and intend to let it out, its recommended that you keep them indoors for at least four weeks to recognise the property as their home.
4. Make sure their toys travel with them To help pets feel at home, ensure they travel with any favoured belongings such as toys and a particular bed to ease any anxiety.
5. Always be consistent Pets favour routine. If you have set times and dates for your pets to stay with you, stick to that routine to avoid any major disruptions. Of course, this can be unavoidable but we recommend having support around you to pet sit on occasions where needed.