7th April 2025 | Alex Anastasiou | Family Law, Pet ownership, Divorce

In the realm of divorce proceedings, the division of assets typically encompasses properties, finances, and personal belongings. However, the case of FI v DO [2024] EWFC 384 has spotlighted a growing consideration: the fate of family pets post-separation.

Case Overview

Married in 2010 and separated in November 2022, FI and DO share two children. Beyond the usual disputes over financial settlements and housing, a unique contention arose—who would retain their golden retriever puppy, ‘N’.

The Dispute

Husband (H) asserted his primary role in N’s life, claiming sole financial responsibility for her purchase and presenting her as a support animal for his mental health issues. Wife (W) countered, highlighting her role as N’s main caregiver since separation and expressing concerns about H’s treatment of the dog. A pivotal incident involved H forcibly retrieving N from W’s mother, leading to police intervention and a report to the RSPCA.

Court’s Deliberation

Pets are classified as chattels in legal terms. However, the court acknowledged the evolving societal perception of pets as family members. Key factors influencing the court’s decision included:

  • Primary Caregiver: W’s consistent role in caring for N post-separation.
  • Emotional Well-being: The potential distress to both N and the children if separated.
  • Incident of Concern: The forcible removal of N by H, raising questions about his suitability as a caregiver and N return to the family home.

Outcome

The court ruled in favour of W, that N would remain at her home. This decision underscored the importance of the pet’s established living environment and the potential emotional impact on the family. Additionally, the court highlighted that disputes over pet ownership could lead to unnecessary legal costs, advising parties to approach such matters with caution.

Implications for Divorcing Couples

The FI v DO case serves as a helpful case, illustrating that:

  • Pets as “Family Members”: Courts are increasingly recognising the emotional significance of pets in family dynamics, however, a pet remains a chattel.
  • Caregiver Role Matters: The pet’s perception of their carer is important, not necessarily who has purchased the dog.
  • Legal Costs Awareness: Engaging in prolonged disputes over pets can be financially burdensome and may not yield favourable outcomes.

Conclusion

As societal views evolve, so will the legal approach to pets in divorce albeit this will require the endorsement of a higher court. While pets remain legally classified as property, their role in family life is undeniable.

Couples undergoing separation should address pet custody thoughtfully, considering the status of the law and the profound emotional impact on the family.

Need Advice on Divorce or Pet Ownership?

If you’re going through a separation and unsure about your rights when it comes to pets or other family matters, Sherrards Solicitors can provide the expert legal support you need.

Contact our family law team here, or use the details below.

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