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 in terms of costs but this is often seen...

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