Whilst it is often children issues or the division of assets that separating couples cannot agree on, recent news of celebrities wrangling over their pet dogs has highlighted the very real emotional trauma felt when a beloved pet is in the mix.
With the likes of Ant and his estranged wife Lisa trying to co-parent their chocolate lab and news that Caroline Flack’s on/off fiancé insists on keeping their puppy if they split, many couples are facing the same dilemma and an increasing number of couples are begging the question, who has the most right to the mut. With the Blue Cross animal charity finding that one in four divorcing couples are failing to agree on who gets custody, this has become a real bone of contention for the Courts.
In reality pets, under UK law are regarded as ‘Chattel’ ie exactly the same as any other possession such as a car or furniture, but unless you have a prize pig, champion canine, stud stallion or suchlike with a high value, the Courts will give little consideration to the matter. If you are married a judge would probably give joint custody but for un-married separating couples, consideration would likely be given to who paid for the animal and who is the registered owner.
In all honesty, a family law solicitor would probably advise their client to try to deal with the matter themselves. At the end of the day a couple should have the best interests of their pet at heart, and would it really be fair to have equal custody for instance if one of the couple worked long hours. It would then be sensible for the other one to have the pet reside with them. This obviously doesn’t mean that one person would lose out, it would merely mean that they would get to spend quality time, perhaps at weekends.
Another consideration could be in which household the children will be residing. The children may already be suffering during the split of the family and it could be a double blow for them to lose their pet too.
With more couples opting for a puppy before or instead of having children, the sensible suggestion would be to get an agreement prior to purchase. Whilst no one wants to think the unthinkable, the facts are that a high number of us will divorce or separate and drawing up a written contract, preferably by a solicitor, can save a lot of heartache, not to mention money, in the long run.
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