Welfare of the animal versus property test – the treatment of pets on divorce

We are a nation of animal-lovers. In today’s society our pets are increasingly regarded as one of the family. Unsurprisingly against this back-drop more and more pet owners are turning to solicitors to obtain ownership rights over their pet upon the breakdown of their relationship. A number of cases concerning pets are even being fought in the Court arena with an estimated one fifth of all contested financial proceedings involving issues related to the ownership of a pet.

The correct legal treatment of a pet in England and Wales is as personal property. In the eyes of the law the animal is a chattel to be divided up in the same manner as the household furniture or jewellery. Pet-owners however see things very differently and pet ownership is a sensitive and often emotive subject not unlike disputes over arrangements for children.

Arguing over the family pet may seem fairly trivial and disproportionate...

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