Celebrity Ant McPartlin has been in the news again recently in the next instalment of his divorce from Lisa Armstrong, this time arguing about who should get their beloved dog. When a relationship breaks down bitter custody battles can occur regarding who keeps the pet.
Heated arguments often ensue, and thousands of pounds can be spent in legal fees as emotions often run high. Sometimes disagreements over pets can derail the entire financial settlement negotiations.
A national survey concluded that a quarter of couples divorcing or separating believe that their dog would be one of the most important things for them if they split up.
In England there is no law specifically governing the “custody” of family pets. In divorce cases, pets are treated as chattels i.e. as items of property and they are allocated to one spouse or another in the same way as household furniture or jewellery. There is no emotional element.
The Court will not be concerned with the welfare of a pet although arguments about the day to day care of the animal, lifestyle and the continuation of the status quo may have some impact on the court’s decision. The Court will look at who paid for the animal when deciding who should keep it. This is in stark contrast to the position in the US where court battles are quite common place. In some federal courts the concept of what is in the “best interests” of the animal is applied. If you are faced with a disagreement about who should look after you’re the family pet, the best approach is to try to negotiate an agreement directly with your former spouse or partner. Agreements reached by consent will be more effective than one imposed by the Court. Try to prevent a problem occurring in the future and reach an agreement about with whom your pet will live should you separate.
About Lucy Loizou is a partner at the International Family Law Group LLP. She is regarded as one of the countrys leading lawyers . She undertakes complex financial and children disputes and has worked on a number of cases involving high net worth issues often involving an international element. website: www.iflg.uk.com