With more young adults choosing pets instead of parenthood, Palmers Solicitors in Essex are encouraging couples to prepare ‘pet-nups’ to avoid ownership disputes.
Many millennials and Gen Z couples describe their pets as their “children” and the thought of separation raises real anxiety about who will keep them if they split up.
Under English and Welsh law, pets are currently classed as chattels, the same legal category as furniture or vehicles, in separation cases.
That means if a relationship breaks down, questions about who keeps the pet are handled in the same way as other assets.
Karen Bishop, Head of Family at Palmers Solicitors, says: “Many people are shocked to learn that the law doesn’t recognise pets as anything more than possessions. Courts don’t consider emotional bonds or the pet’s welfare like they would with children.
“Ownership is determined in court based on evidence such as purchase receipts, adoption papers, microchip registration or veterinary records. If one partner owned the pet before the relationship began, that’s usually decisive.”
Successfully resolving pet ownership disputes often depends on whether those involved can reach an agreement through discussion or mediation.
Karen explains: “Where couples choose mediation, we encourage them to focus on what’s best for the pet rather than treating it as a bargaining chip.
“Where there’s a strong attachment on both sides, shared care arrangements are sometimes agreed, similar to a parenting schedule. It isn’t something a court can easily impose, but it can work well if both people remain cooperative.”
Pet-nups were first introduced in the UK around a decade ago through a Blue Cross initiative, created with support from The Law Society, to help couples reduce conflict over pet ownership during separation.
“A pet-nup is a legal document that outlines who will keep the pet, how costs will be divided and what arrangements will apply if they separate, similar to that of a pre-nuptial agreement
“It is sensible to agree on these matters when you first buy or adopt a pet together. Early discussions can spare couples the stress and cost of mediation or court proceedings later, as a pet-nup records their intentions from the start,” Karen explained
“The reality is that many younger couples are choosing pets over parenthood for a range of reasons.
“People tell us children are simply unaffordable, they feel uncertain about the world’s future or they see family life differently and wish to focus on their own well-being.”
There have been increasing calls for reform to recognise pets as sentient beings. Campaigners argue that the law should reflect the emotional bond between pets and their owners, not treat them as possessions.
Some countries, including Spain and parts of the US, already require courts to consider an animal’s welfare during divorce proceedings.
Until the law changes, preparation remains the best protection.
“Just as you’d plan for what happens to your finances or home or your children, it makes sense to plan for your pet’s future too.
“No one wants to think about a breakup when they bring home a new puppy, but having an agreement in place protects both the animal and the people who care for it just in case it is needed”