Who gets the pet after a split?

Pets are increasingly viewed as cherished members of modern families and when relationships break down, deciding who retains ownership of a beloved animal can be just as emotional as dividing a home or finances. Despite this, the law for the most part continues to treat pets largely as any other item of property, creating a disconnect between emotional attachments and legal reality. This disparity is driving more discussions around ‘pet nups’ (agreements regulating what arrangements for a pet should be on separation) among couples seeking to avoid costly and stressful disputes.

Similar to a prenuptial agreement, a pet nup allows couples to outline what should happen to their pet in the event of a separation. By having open discussions, couples can place their pet’s welfare at the centre of decision-making, creating clarity and transparency should circumstances later change. With 62% of households in the UK owning a pet, this emphasises the growing importance of pet nup arrangements as they provide legal certainty and emotional reassurance for owners in the future.

Pet nups also represent a change in attitudes towards relationships and responsible planning. Couples are not preparing for the relationship to end, rather they are taking thoughtful steps to ensure both their own wellbeing and the safety of their pets are protected. Without a formalised agreement in place, couples may face prolonged legal proceedings that can quickly become both financially and emotionally draining. Beyond the monetary burden, disagreements over pet ownership can place significant strain on individuals who are already facing a difficult life change.

Sorting out who gets the furniture can be a lot easier than deciding who gains custody of a pet (Picture: Adobe)

Courts are typically focused on the issues of ownership, concerning who purchased the animal or has financial responsibilities, instead of assessing someone’s emotional connection with their pet or the quality of the home environment.

This approach often overlooks the reality of modern pet ownership, where emotional bonds and caregiving responsibilities can outweigh financial contributions. Pets cannot advocate for themselves, therefore, taking the time to affirm an agreement that prioritises the animal’s welfare guarantees not only their safety, but also reduces additional stress for couples navigating sensitive circumstances.

For cohabiting couples, reaching an agreement can be more complex. Long-term unmarried couples have limited legal protections compared with married spouses or civil partners. While cohabitation agreements can clarify financial matters and living arrangements, there is little legal recognition of pet-related disputes. This makes early conversations and proactive planning particularly valuable.

In some relationships, disputes involving pets may form part of a wider pattern of controlling behaviour. One partner may exploit the other’s emotional attachment to a pet to exert control, restricting independence or creating fear around the animal’s wellbeing.

Edward Fitzgerald has had a broad range of experience working in all aspects of family law

These situations are deeply distressing and underscore the importance of the need for clear agreements and accessible support.

Seeking legal advice can help individuals navigate these situations while prioritising both personal safety and the welfare of the animal.

While no couple enters a relationship expecting it to end, proactive planning can significantly reduce uncertainty and conflict if circumstances change. By making thoughtful arrangements for a pet’s future, couples ensure decisions are guided not only by legal ownership but by the animal’s welfare. In doing so, they protect not just their pets, but their peace of mind.

Edward Fitzgerald is a Family Law Senior Solicitor at Gilson Gray​