Legal Rules For Custody Of Pets

A family law firm has warned couples to be aware of the legal rules surrounding custody of family pets, should they ever separate.

Law firm Gibson Kerr says that separating couples should seek proper legal advice if they want to avoid an emotionally draining fight over possession of the animals.

Many couples are unaware of the legal position when it comes to pets during divorce cases, and some even expect to fight for custody of their animals if the split with their partner is acrimonious.

However, Gibson Kerr points out that pets are treated the same as other mutually-owned property such as cars, money or property in the eyes of the law - and the welfare of the animals is not given consideration when it comes to deciding which partner will retain ownership of the pet.

Fiona Rasmusen, partner with Gibson Kerr:

"In some cases, the couple may have a pet that has been with them since the start of their relationship. They may be a couple who don't have any children and instead, they consider their dog or cat to be part of the family.

"In the United States, you can see full blown custody battles for pets and there have been numerous high profile cases where this has happened - particularly in celebrity divorces. However, the situation in the UK is very different.

"Over here, pets are treated no differently to any other assets that a couple may have gathered during their marriage - such as their property or any mutual savings - and therefore they are split equally between the two partners.

"In practice this means that one half of the couple usually agrees to take responsibility of the pet following the separation The welfare of the animal is not normally considered and if both partners want to keep the pet, they must reach an agreement with each other just like they would do with their property or other possessions."

In the wake of a number of recent celebrity break-ups that involved legal tussles over ownership of their pets, some family law companies in England have been advising couples to make specific prenuptial agreements on their animals to avoid stress and the possibility of their pets ending up in the hands of a re-homing charity, if they end up separating.

House Moving Warning

A new survey commissioned by animal pharma. company CEVA Animal Health reports that almost a quarter of people (24%) admit to 'getting rid of' their pet when they move home.

The company reported this week that people are giving their pets to family, friends, neighbours or even a rescue centre when the removals van turns up. Just under 2% even admitted leaving their cat behind, 'in the neighbourhood', when they moved.

CEVA produces D.A.P and Feliway, two synthetic pheromone products claimed to reduce stress in dogs and cats.