What Happens to Your Pets During a Separation or Divorce in Scotland?

Introduction

Pets play a significant role in modern family life.  They offer a number of therapeutic benefits both physical and emotional.  Pets can reduce stress, ease loneliness and improve overall health.  It is perhaps unsurprising that the UK is a nation of pet lovers with more than half of all households owning a pet.

Who gets to keep the pet in a separation or divorce?

When a couple separates or divorces, issues such as money, property and childcare can become contentious.  Pets can get caught up in the conflict too.  There are many people who consider their pet to be an integral part of their family and cannot imagine life without them. 

Unsurprisingly, the question of “who gets the pet?” can become one of the thorniest issues for separated couples to navigate.  In Scotland, pets are classed as personal property.  This means that proof of ownership is a key factor in determining who will get to keep the pet in a separation. 

In order to establish ownership, consideration ought to be given to the checklist below:

• Purchase Receipt – If you bought the pet and your name is on the purchase receipt then this is strong evidence of ownership.
• Microchip Registration – If you are registered on the microchip then this can provide further evidence of ownership.
• Insurance Policy – If you are the policyholder then this can also support a claim of ownership.
• Veterinary Records – If you are the main point of contact for the vet then this can be used as further proof that you are the owner

This checklist may seem cold and impersonal to some.  After all, pets have feelings.  It is entirely possible that the person who paid for the pet and is registered on formal documentation may be different from the person who provides day-to-day care for the pet and with whom the pet has formed the strongest bond. 

Is change afoot for pets during & after a separation or divorce?

In England and Wales, there has been a recent shift in judicial attitudes when it comes to making decisions about where a pet should live post-separation.  Consideration has been given to the pet’s emotional needs.  This perhaps reflects modern societal views about the important role that pets play in our lives and the sense of identity we ascribe to them. 

In the case of FI v DO[1], the District Judge JD Crisp decided that a pet dog should live with the wife because she was the main caregiver and had the pet dog’s interests at heart.  He commented in his judgement as follows:

“The wife’s evidence as I have set out was compelling but more importantly in my view showed someone who understood about dogs, was compassionate and would always put the dog’s interests first.  The dog’s home is with the wife, and she should stay there.  It would be upsetting for both the dog and the children were those arrangements to alter.”[2]

It remains to be seen whether this approach will be taken north of the border.

What protective measures can you take for your pets during a separation?

It is possible for couples to enter into an agreement to regulate what should happen to a shared pet in the event that they separate from one another.  The agreement can stipulate who the pet is to live with post-separation.  It can also detail if the other person is to have contact with the pet and how frequent this will be with reference to specific days and times.  This ensures that the welfare of the pet is kept central. 

The agreement can also provide for how certain specified costs related to the pet are to be met including food, veterinary care, insurance and grooming.  The benefit of this sort of agreement cannot be understated.  It can give parties peace of mind and an element of control over their future should the worst happen.  In Scotland, parties have freedom of contract. 

It is likely that an agreement of this nature would be upheld as legally binding provided that both parties entered into the agreement voluntarily with the benefit of legal advice.

Conclusion

In the event that a dispute does arise in relation to the care arrangements for your pet, then it is recommended that you instruct an experienced family law solicitor to assist you to resolve this. 

Our family law team can offer expert advice in this emotionally challenging and legally complex area and are here to help. Please contact us if you are affected by any of these issues. Our Family Law Team is here to help. Laura Cousins, Solicitor, prepared this article.
 
The content of this article is for information only, is not intended to be construed as legal advice, and should not be treated as a substitute for specific advice.  Scullion LAW accepts no responsibility for the content of any third-party website to which this article refers.
 
 


[1] FI v DO [2024] EWFC 384 (B) (20 December 2024)
[2] FI v DO [2024] EWFC 384 (B) (20 December 2024)