Brecon’s Redkite Solicitors explore how family courts are beginning to take pets’ welfare more seriously during divorce proceedings - treating them as more than just property:

Traditionally family law has been quite set in its ways, and for pets, this has meant that their welfare hasn’t been considered as much as their value. However, in the current evolving landscape of family law, pets are increasingly recognised as more than mere property. A recent court case (appropriately named FI v DO [2024]) demonstrated a significant shift in how courts address the “custody” of family pets during divorce proceedings.​

In Fi v Do, although there was a property at stake between the divorcing couple, the most contentious issue became the custody of the couple’s golden retriever. The husband argued that he had purchased the dog and intended to breed it, while the wife maintained that she had been the dog’s primary carer for the past 18 months, and that the dog was a companion for the children and hugely important for their wellbeing. The court decided that the dog should stay with the wife, recognising her as the primary carer and acknowledging the dog's emotional connection to the family home.​

In the past, pets were classified as “chattels” or assets under English and Welsh law, treated similarly to personal property such as cars and jewellery. However, the case of FI v DO shows a shift towards considering the welfare and emotional bonds of pets in divorce cases. The court's decision reflects a growing recognition of pets as beings with their ownemotional needs, which demonstrates a shift in their status in family law.​

This case ties in with a broader push for the recognition of pets' welfare in legal proceedings. Campaigns such as "Pets in Divorce” argue for reforms that would treat pets' wellbeing with the same consideration as the wellbeing of children in divorce cases. Internationally, countries like France and Spain have already implemented legal frameworks that prioritise pets' welfare rather than treating them as property.

Some couples are even starting to enter into “Pet Nups” before they get married or adopt a pet together, to decide how they will deal with their pet if they split up. This can be useful for arranging who the pet will continue to live with, but also setting out who will continue to pay towards the pet’s costs and how they will be managed.

Recent development demonstrate a significant shift in the family law, with the courts seeming now to be beginning to recognise the role of pets in families, recognising their emotional significance and ensuring their welfare is adequately protected in divorce proceedings.​ We hope this positive shift will continue to develop in the years ahead.

If you would like advice on this topic, or need support with any other aspect of family law, the friendly and professional team at Redkite Solicitors in Brecon is here to help. Please get in touch by emailing [email protected] or calling 01792 000088.