For years, in fractious divorce courts, beloved pets have too often been treated no differently to the leather sofa or family car. They are property to be allocated, traded or sold; the family Labrador as collateral damage – literally, in the law, “goods” or “chattel”.
Now, a campaign group is rightly calling for a radical rethink, and demanding that divorce judges shift awards from “Who paid for the pet?” to “Who actually cares for the pet?”
It’s not a fringe issue: around 60 per cent of us – 17 million households – are pet parents, with dogs, cats, rabbits, budgies and the odd bearded dragon under their roofs. Meanwhile, divorce statistics are sobering: around 104,000 divorces were granted in the UK in 2023 alone. No official figures track how many of those cases involve pets, but research from Direct Line Pet Insurance found that in nearly a third of divorces where pets were involved, they became a major point of contention.
In many families, the pet is loved, cherished and fought over as fiercely as custody battles over children. Yet courts, mired in centuries-old notions of property ownership, still often regard them as chattel: who signed the receipt? Who paid the adoption fee? Too bad if the family spaniel sleeps at the foot of your bed, the law may still side with that person who paid the fee at the RSPCA.
This approach is cruel, outdated and misunderstands the real emotional bonds at play. If we accept that pets are part of our families, surely, we must judge their welfare and attachment with the same basic compassion we extend to children?
Across Europe, courts are already waking up. Spain’s 2021 law, recognising companion animals as “sentient beings,” forces judges to factor in emotional bonds. France has followed suit with its own protections and several US states now allow “pet custody” provisions. Meanwhile, here in the UK, our judiciary clings to antiquated property doctrines — despite our national reputation as animal lovers.
square SIMON KELNER
Oh good, something else for dog owners to worry about
Read MoreNo-one wants to see the courts wade into full “pet custody” battles complete with supervised visits and weekend schedules. But, a basic principle must be established: emotional bonds matter more than bank balances.
Who feeds the cat? Who walks the dog in the rain? Who cuddles them when fireworks terrify them? That’s what love looks like. Family law should evolve to reflect family realities. For millions of us, pets are not a hobby or a purchase; they are beloved companions and, often, essential supports in an increasingly lonely world. To treat them as little more than property makes a mockery of our supposed national love for animals.
Pet custody reform may sound like a small tweak, but for thousands of families, it’s life‑changing. When your divorce decree is signed, you shouldn’t be haunted by the knowledge that your beloved companion will be handed over to someone, simply because they once footed the bill.
It’s unjust and it’s time for our courts to catch up. Give pets the legal recognition as “sentient beings” they deserve: award them to the carer, not the paymaster—and finally treat them like the family they really are.
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