Author: Georgina Chase, Senior Consultant Family Law Solicitor, Setfords | Last updated: 17 June 2026 | Read time: 7 minutes

What happens to pets in a divorce? 

You might be surprised to learn that, under the law of England and Wales, pets are legally treated as chattels (property), not the beloved family members they are to many pet owners. However, a recent court ruling suggests views may be changing. Here’s what that means for you, and what you can do now to protect your position.

Key takeaways 

• The law of England and Wales currently treats pets as chattels or property, not family members.
• In a dispute, courts typically look at who is registered as owner and who has paid for the pet’s care.
• A 2024 ruling showed judges can consider a pet’s welfare and established bonds, showing a potential shift in how courts approach these cases.
• A “pet-nup” (advance written agreement about your pet’s care and who is to take ownership in the event of a divorce) can prevent a future dispute.
• If you can’t agree, consider mediation before any court involvement.

How does the law currently treat pets in divorce? 

If you’re going through a divorce or separation, you may be surprised to learn that your dog, cat, or other pet is legally classified as a chattel (i.e. an item of property) under the law of England and Wales.

In practice, that puts a beloved pet in the same legal category as a piece of furniture or a car, which can make an already emotive situation feel even worse. Courts encourage couples to reach their own agreement about personal property, including pets. If no agreement can be reached, a court will consider who is registered as the owner, whose name appears on microchip records and insurance documents, and who has paid for the pet’s care.

There is currently no legal requirement for a court to consider a pet’s welfare, a pet’s wishes and feelings, the bond between a pet and children in the family, or existing care arrangements when deciding who keeps an animal.

Is the law on pets in divorce changing? The 2024 ruling you should know about 

An aptly named 2024 financial remedy case, FI v DO [2024] EWFC 384 (b), suggests that at least some judges are beginning to look at these disputes differently.

In that case, the judge did consider the arrangements for the family’s golden retriever in deciding ownership. Rather than asking simply who had bought the dog, the judge asked who had principally looked after her, and who the dog now looked to as her carer. The judge also noted that changing the dog’s living arrangements would be unsettling for both the animal and the children.

This is not yet established law, and courts are not required to follow this approach. But it does reflect a growing recognition that pets are more than possessions, and it may point towards a future where pet welfare carries more weight in the decision-making process.

What is a pet-nup?

A pet-nup (or pet pre-nuptial agreement) is a written agreement, either as a standalone document or as a clause within a pre-nuptial agreement, that sets out how care arrangements and financial responsibilities will be divided during the marriage, and who is to take ownership of the pet if you divorce.

This ensures an agreement is made ahead of time, and it can greatly reduce the stress and worry you may feel about your pet if you do divorce in the future.

A pet-nup can cover:

• Who the pet is to live with after separation
• A shared care arrangement for a pet, to include the time a pet spends with each party and handover arrangements
• How ongoing costs (food, vet bills, insurance) are divided

What is a pre-nuptial agreement? A pre-nuptial agreement (or “pre-nup”) is a legal document made before marriage that sets out how assets will be divided if the marriage ends. Pre-nuptial agreements are not automatically legally binding in England and Wales, but a properly drafted agreement that is fair to both parties can carry significant weight in the event of a divorce.

The same principle applies to a pet-nup: while it isn’t automatically legally binding, having one in place gives you both a clear, agreed framework and can help avoid a great deal of distress if the marriage breaks down.

How to reach an agreement on pets without going to court

If you can’t agree on ownership and arrangements for your pet, consider trying to reach an amicable solution via mediation first.

A mediator is a neutral, independent, trained third party who helps separating couples work through family law disputes, including arrangements for pets.

Courts generally expect couples to attempt mediation before making a formal application, except in cases involving domestic abuse or other safety concerns.

When to speak to a family solicitor

A solicitor can help you if: 

• You and your former partner can’t agree on who should keep the pet
• You want to put a nuptial agreement in place to include arrangements for pets, before or during your marriage
• You’re concerned that an existing agreement won’t hold up
• A dispute about your pet is becoming part of a wider financial or children dispute
• You want to understand what a court is likely to consider if the matter isn’t resolved

You don’t need to have decided what you want to do before speaking to a solicitor. An initial conversation is about understanding your position and your options, with no pressure to take things further.

FAQs on pets in divorce 

Who gets the dog in a divorce in England and Wales?

The Court treat pets, including dogs, cats and other animals, as property or chattels, which means a pet is viewed as an item that is owned. So, if there is a disagreement as to who should keep the pet on divorce, the Court will consider factors such as who is named on the pet’s registration, microchipping, and insurance documents, and who has paid for the pet’s care, to establish the owner.  Following a recent Court ruling, the Court may consider who the pet’s primary carer has been. If you can agree between yourselves, that agreement will usually stand.

Is a pet-nup legally binding?

Not automatically. Like pre-nuptial agreements generally, a pet-nup is not legally binding in England and Wales. However, a fair, properly drafted agreement can hold significant weight in the event of a divorce. A solicitor can advise on how a nuptial agreement should be properly drafted.

Can a court order share arrangements of a pet?

Shared arrangements for a pet can be agreed upon between parties, or in mediation and written into a separation agreement. Courts don’t typically make formal “shared arrangements” orders for pets, but nothing prevents couples from putting arrangements in place themselves.

Do I need a solicitor to make a pet-nup?

You’re not legally required to use a solicitor, but it’s strongly advised. A solicitor can ensure the agreement is properly drafted and fair to both parties, giving it the best chance of being upheld in the event of a divorce.

About the author 

Georgina Chase is a family law solicitor at Setfords, specialising in divorce, matrimonial finances and children proceedings with over 15 years of experience.

If you’d like to talk through your situation, Georgina is happy to help. Contact her directly for a free and confidential 30-minute family law consultation.

This article is general information about pet ownership and divorce in England and Wales and is not legal advice. The law can change, and every situation is different. Please speak to a qualified family law solicitor about your circumstances. If you are affected by domestic abuse, you can contact the National Domestic Abuse Helpline on 0808 2000 247 (free, 24 hours).