Family

Annabel Andreou
September 2025

For many couples, a dog, cat, or rabbit isn’t “just a pet”—they’re family. They bring love, comfort, and companionship. That’s why disputes over pets can become some of the most emotionally charged issues when a relationship breaks down.

But here’s the surprise: under English law, pets are treated as property, or “chattels.” Legally, your beloved orange tabby is treated the same way as a sofa or a car. That can feel out of step with how most of us view our animals, but it’s the current legal reality.

What the law says

When a couple separates, ownership of a pet usually follows legal documents such as:

  • Who purchased the pet and whose name is on the receipt.
  • Whose name is on the microchip or pedigree certificate.
  • Who pays vet bills and insurance.

Courts don’t make “contact orders” for pets in the way they do for children. This means there is no automatic right for one partner to see the pet if they are not the legal owner.

Recent Case Law  from FI v DO [2024]

The case of FI v DO [2024] highlighted just how complex and emotional pet disputes can be.
The Judge accepted the traditional legal position, that pets are property, but also considered the pet’s welfare and emotional bonds. In this case, the wife had been the dog’s sole carer for 18 months following separation.
The Judge ruled that the dog should remain with her, noting:

  • The dog had established a secure home with the wife.
  • Removing the dog would be distressing for both the animal and the children.
  • The wife had shown greater understanding of the dog’s needs and welfare.

This judgment demonstrates that while the law treats pets as property, courts are becoming more sensitive to the emotional role pets play in family life.

Common problems over pets after separation

Without a clear agreement, separating couples may face disputes about:

  • Who the pet will live with.
  • Responsibility for costs such as food, vet bills, and insurance.
  • Whether shared care is possible (e.g. weekdays with one partner, weekends with the other).
  • What happens if one partner wants to relocate abroad with the pet.

Such disagreements can strain not only the couple but also wider family members who are attached to the animal.

How Cohabitation Agreements Protect Pets

For unmarried couples, the best way to avoid pet disputes is to create a cohabitation agreement. This is a legally binding document tailored to your relationship and can cover:

  • Who owns the pet legally.
  • Who the pet will live with if you separate.
  • How costs such as food, insurance, and vet bills are divided.
  • Any shared arrangements for care, if appropriate.

Why a Cohabitation Agreement Matters

  • It reduces uncertainty and heartache during a stressful time.
  • It reflects your shared commitment to your pet’s welfare.
  • It helps avoid costly or unpredictable court disputes.

Importantly, cohabitation agreements don’t just cover pets. They can also set out:

  • Who owns the property you live in.
  • How bills and household expenses are divided.
  • Ownership of assets such as furniture or cars.

For unmarried couples, a cohabitation agreement offers clarity and security where the law otherwise provides little protection.

Protecting Your Pet and Your Peace of Mind

If you are living with a partner and you share a pet, it’s worth having a clear plan. Just as you wouldn’t buy a house together without clarifying ownership, you shouldn’t leave things vague with your furry family members.

Want to protect your pet and your peace of mind? Contact our family law team. We can draft a cohabitation agreement tailored to you—so you and your pet are secure, whatever the future holds.