How to decide who gets the pet in a divorce

The fact that the UK is a nation of pet lovers comes as a surprise to no one, with 12.5 million family households owning a pet or pets. But the question of what happens to the pets of couples who are going through a divorce is becoming increasingly common.

The number of couples without children, but with pets has risen so significantly in recent years that social media has dubbed them ‘DINKWAD’, which stands for ‘Dual Income No Kids With A Dog’.

However, those who decide to end their marriage and divorce are left wondering what to do with their pets. Both parties are often very attached to their animals, and may argue over who gets custody.

According to divorce solicitors Simpson Miller, searches for what happens to pets in a divorce have increased by 150%. The firm analysed search data and found that searches for ‘divorce and pets’, and other related keywords, have risen in the last year alone.

So who gets the pet in a divorce? Lorraine Harvey, Partner, Family Law, at Simpson Millar, said: "Pet disputes between divorcing couples are becoming increasingly common, with many people seeing their pets as part of their family as opposed to an item of property.

"However, by law, a pet is considered an item of personal property. Therefore, pets can be legally owned by the person who bought the animal. So, if you did buy your pet and are attempting to divorce your spouse, you would need to prove your ownership to gain full custody of your pet.

“There is an exception to this rule, especially if the pet was gifted to you. If you are able to prove the pet was gifted, the courts will look in favour of that. But typically speaking, they will look at who bought the animal, the person the pet is registered to and the person who paid for upkeep such as veterinary bills."

Can you get shared custody agreement for pets?

If a couple wants to share custody of their beloved furry friend, it’s definitely an option, said Harvey.

"In this case, a solicitor would put together an agreement - consented to by both parties - outlining visitation rights - such as the time one owner will spend with the pet and for how long - as well as other factors, such as costs. It's important to note that this would be legally binding, due to the court's view of a pet as property."

However, it should be considered that any ‘pet maintenance’ costs are typically the responsibility of the party that has ownership of the pet.

There are some things couples should take into account if they are attempting to share custody of a pet. Establishing a routine to avoid additional disputes is often the best way to deal with things.

Simpson Millar’s tips include:

Update and check microchip details to ensure both sets of contact details are included

Ensure that the microchip details are correct and include both sets of contact details. You typically add a backup contact to microchip details, so make sure this is correct and includes both locations for you and your ex-partner.

Ensure your pet is registered at a vet in both your locations

If you are living in separate areas, make sure your pet has a registered vet. it's often easier if you have a vet that has multiple locations, as they will have a record of your pet and you don't need to find a new one. However, it is essential that you do this as part of your shared agreement.

Opt for longer periods of time as part of your shared agreement

If you have a dog or a cat, it might be best to extend your visitation for longer periods of time to ensure they recognise your new home as their home. If you do have a cat and intend to let it out, its recommended that you keep them indoors for at least four weeks to recognise the property as their home.

Make sure their toys travel with them

To help pets feel at home, ensure they travel with any favoured belongings such as toys and a particular bed to ease any anxiety.

Always be consistent

Pets favour routine. If you have set times and dates for your pets to stay with you, stick to that routine to avoid any major disruptions. Of course, this can be unavoidable but we recommend having support around you to pet sit on occasions where needed.

Read more about sex and relationships:

• How to throw a 'divorce party' as one in four Brits can't wait to celebrate (Yahoo Life UK, 4-min read)

• Almost half of Britons tell friends and family they want a divorce before telling their partner (Yahoo Life UK, 5-min read)

• Should pets sleep in your bed? Sleep expert lists pros and cons (Yahoo Life UK, 5-min read)