For many people pets are considered an integral part of a family. This can create additional conflict on separation, where both parties want the pet to remain with them.

Commenting in the Financial Times, partner Caroline Park discusses the legal position of family pets during divorce and whether a spouse can negotiate to keep a much-loved dog as part of a financial settlement.

Caroline explains that, despite the emotional significance of pets, English law currently treats them as chattels. However, she highlights that recent case law suggests the courts may be willing to look beyond strict ownership and consider factors such as a pet’s day-to-day care, routine and wellbeing when determining who should keep them.

Caroline discusses the 2024 aptly named case of FI v DO, in which the court considered who had cared for the dog and where its established home was, ultimately concluding that it should remain with the wife. While the decision does not change the legal status of pets, it provides useful insight into how the courts may approach these increasingly common disputes.

She also notes that couples are free to reach their own agreements outside court and that, where keeping a pet is a priority, it is possible to negotiate a broader financial settlement that reflects this. Mediation and arbitration may also provide more flexible and practical solutions than litigation, particularly where both parties are seeking an outcome that is in the best interests of the animal.

Read Caroline’s comments in the Financial Times here.