Who keeps the pooch when your relationship breaks down?

10 April 2026

Many families see their pet as a cherished companion and an important part of their family.

So, when a relationship breaks down, it can be hard to decide who will get the family pet.

The decision can become even harder when there are children involved.

Our Head of the Family Department, Stuart Daniel, explains how the court manages decisions on the ownership of pets and how early preparation can reduce conflict.

How is a pet treated in a divorce?

In England and Wales, pets are legally considered personal property, known as chattels.

During divorce proceedings, decisions about pets are usually made within the financial remedy proceedings, alongside the division of other assets.

When determining ownership, the court will generally consider fairness and practical arrangements.

They will also factor in who purchased the pet, whose name is on registration or microchip records, who paid for insurance, food and veterinary care and who is primarily responsible for day-to-day care.

Although pets are still classified as property, courts are increasingly recognising the emotional role they play in families.

The case of FI v DO [2024]

In the 2024 case of FI v DO, the court was asked to resolve financial matters following a divorce, including who should keep the former matrimonial home and the family’s golden retriever.

While the focus was on the division of the family home, the judge also carefully considered the dog’s circumstances.

The court assessed:

• Who had been the dog’s primary caregiver following separation
• Where the dog had been living
• The stability of the home environment
• The emotional connection between the dog and the children

The court ultimately ruled that the dog should remain with the wife.

This was mainly due to her being the dog’s main carer for 18 months and her home being where the children and the pet lived.

Will a pet automatically stay in the family home?

There is no automatic rule that a pet will remain in the family home.

However, FI v DO shows that the courts may look beyond the paperwork and take family dynamics and children into account.

If a pet provides emotional stability for children during separation, this may also affect the court’s discretion within a financial settlement.

Can only the court decide on pet arrangements in a divorce?

You do not always have to rely on the court to decide what happens to your pet if you divorce.

The courts often expect parties to try and resolve matters outside of court and before the matter goes higher up.

Early planning and clear communication can provide clarity on your pet arrangements and reduce the risk of disputes.

These conversations should discuss who will manage the care and costs if you were to separate and should be put in writing if you come to an agreement.

One of the most favourable agreements is a pet-nup agreement. This will set out what happens to your pet if the relationship were to end, including who they live with, care arrangements and financial responsibilities.

Taking these preventative steps can often save you money and an outcome you do not agree with if the relationship later comes to an end.

If the relationship has already approached its end, then mediation is an effective way to come to an agreement with the help of a neutral third party.

How can we support your pet arrangements?

No one wants to leave their pet’s future in the hands of the courts.

This is where early professional support can help offer clarity on what would happen if your relationship does break down and protect your rights.

If you are considering a pet-nup, our expert team can help advise you on the legalities of it and how to include it within a wider family agreement.

If you need further advice on how a divorce will affect your pet arrangements, contact our team today.