Protecting your pets on separation

At Birketts, we understand that pets – whether dogs, cats or any other animals – are more than just property. They provide comfort, companionship and emotional support, especially when life feels uncertain. When a relationship breaks down, one of the hardest questions is, who gets to keep the pet after separation?

Under English law, pets are still classed as personal property (chattels). However, the courts are changing their views, and more couples are choosing to put ‘petnups’ or pet pacts in place. These are formal agreements between couples or cohabiting friends that outline arrangements in the event of a relationship breakdown. Examples of what the agreement can cover are:

• who the pet will live with
• how costs (food, grooming, vet, kennels) will be shared
• whether there will be any visiting arrangements.

The Animal Welfare (Sentience) Act 2022 formally recognises pets as sentient beings, meaning that pets can feel pain, joy, and stress.  This legal recognition further strengthens the case for petnups and pet pacts and will assist in their emotional needs being considered in any relationship breakdown.

In the landmark case of FI v DO [2024], a separating couple were in a dispute over who should keep their dog. The judge in this case not only considered ownership but also looked at the welfare and the emotional needs of the dog. The key factors included:

• who provided day-to-day care of the dog
• the dog’s attachment to the children
• the stability of the home.

The judge ruled that the wife in this case should retain ownership of the dog due to the emotional attachment to the children and the continuity of care. This shows that the court are beginning to recognise pets as conscious beings and not just property. 

Protecting you and your pet

Putting a petnup or pet pact in place when you first acquire a pet should:

• avoid disputes – reducing arguments about who keeps the pet
• save time and cost – prevents stressful and time-consuming court proceedings
• provide clarity –sets out financial responsibilities and establishes clear future arrangements.

The Birketts view

At Birketts, we understand how much your pet means to you and the role they play in your life. Our family team provides compassionate, practical advice on petnups and pet pacts. The team includes experienced mediators and arbitrators who can help guide you towards a resolution that works for everyone – including your pet.

Whether you are looking to safeguard your furry family member or resolve a dispute, we combine legal expertise with genuine empathy and practical guidance to ensure you, and your pet, are fully protected.