Dogs and Divorce : A Bone Of Contention ?
England is famous for being a nation of dog-lovers . It ’ s perhaps unsurprising that what happens to man ’ s best friend in the event of a relationship breakdown is becoming an increasing cause for concern for many .
Recent research by the charity Dog ’ s Trust has found that over a quarter of dog-owners in relationships said that their dog would be the most important thing for them in the event of a breakup , whilst 20 % said deciding who would get the dog would be as stressful as deciding the arrangements for children . Particularly concerning was the finding that there had been a 290 % increase over several years in the number of dogs being rehomed as a result of relationship breakdowns .
Who Gets The Dog ? Some couples are surprised to find out that if there is a disagreement as to who should get the dog on divorce , the law is not obliged to take into account what is in the dog ’ s best interests or welfare , but instead will consider it as it does any other item of property . The general legal principle of ownership is that whoever paid for an item is the owner and this applies to animals as well . If the couple are unmarried , that will generally be the beginning and end of it . As a result , it ’ s a good idea to keep hold of any documentation relating to the purchase or ownership of the dog .
However , the court ’ s powers are more wide ranging on divorce . Although judges can often be reluctant to spend too much time dealing with any dispute about a pet , it can be a key sticking point for some couples . Whilst often the dog can remain in the possession of the original owner , it may be possible for a judge to make a decision to give the dog to one over the other even if they did not initially pay for it . The person who cared for the dog the most is often the person who will have ownership following divorce . This can also have wider financial implications if , for instance , the owner requires financial support from their former spouse to maintain and care for the dog after the divorce .
Prenups for Pooches An acrimonious dispute about a dog can often be prevented by entering into a pre-nuptial agreement before the couple marry . This is particularly a good idea where one of the couple have owned their dog before the relationship started . Whilst pre-nuptial agreements are not automatically legally binding , they can hold significant weight on divorce and are likely to be upheld if they meet specific requirements . These include both of the couple taking independent legal advice , the agreement being signed at least 28 days in advance of the marriage , and mutual disclosure of all relevant financial circumstances . The provisions also need to be considered fair .
If these requirements are met and the agreement provides for the future ownership of a dog , whether one cared for by the couple at the time of the marriage or acquired in the future , then that is likely to be the outcome in the event of a separation . Such agreements can also be made even after a marriage has taken place , and are known as “ post-nuptial ” agreements .
A Better Way ? Even if a couple don ’ t have a pre or post-nuptial agreement , a lengthy court battle can still be avoided . Reaching agreement without going to court will generally be preferable when considering who will be caring for a dog , particularly given the challenges of ensuring that the changes in the dog ’ s routine won ’ t be too distressing . This will be particularly helpful if care will be shared , and so there needs to be communication between the couple in order to agree and maintain a routined schedule that is best for the dog .
There are increasing methods of resolving disputes outside of court . These can include :
Mediation , in which an independent , trained professional will sit down with the couple to help them reach an agreement as to any issues that need to be resolved .
Collaborative Law , where each of the couple instruct a qualified collaborative lawyer with the agreement that they will not go to court . There will then be a series of meetings between all four to try and obtain the best outcome for everyone .
It ’ s also a good idea to check whether your lawyer is a member of Resolution . This is the national association of family lawyers , the members of whom all follow a Code of Practice that promotes a non-confrontational approach to family matters .
As the rights of animals are increasingly scrutinised , it is possible that we will see a shift in the law on divorce that pays greater attention to what is in their best interests . This has already happened in Alaska , for instance , where judges are now required to consider the animal ’ s well-being when making a decision as to ownership . Many will think that such an approach is overdue . However , for now it is important that any owners of dogs who are concerned as to what will happen in the event of a separation or divorce take legal advice at the earliest opportunity so that they can protect themselves and their canine companion .
By Richard Adams
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