Photo by Constantin Panagopoulos
I’ll be honest, I didn’t know either! So, when I spoke to a solicitor about this recently, I thought it may be something that sadly some of my clients would need to be aware of too.
In this article, John from Austin Lafferty, a solicitor in Scotland kindly explains more.
What happens to the dog in the event of a divorce?
Image by Steve Buissinne from Pixabay
It’s no surprise why humans find such comfort in owning a dog, they’re loyal, protective and full of love and affection. It’s becoming increasingly common for couples to bring a dog into their relationship long before they consider having children.
Unfortunately, not every relationship is built to last, and for those with a dog, the stressful nature of a divorce can become much more difficult.
Dogs in the eyes of the law
Anybody with a dog will tell you that they aren’t just an addition to the family unit but a core part of it. In fact, many people refer to their ‘fur baby’ with just as strong an attachment to their dog as they have to their human children.
In the eyes of the law, however, a dog is not treated in the same way as a child.
A dog is considered property; legally speaking, they are an object. This means that when a judge needs to determine ownership of a dog, he or she is guided by normal property rules, as would apply if deciding who might own a piece of furniture or prized record collection.
Image by 5688709 from Pixabay
Who gets the dog after a divorce?
There are a multitude of factors that can influence who gains ownership of the beloved family pet, with most cases being settled based on how the dog entered the relationship in the first place.
For example, if one party owned the dog prior to the marriage, it is most likely that they will gain sole ownership in the event of divorce. Comparably, if the dog was purchased by one partner as a gift for the other, the recipient of the gift may legally be deemed the owner.
Another factor that can impact the court’s rulings is if children are involved. If the children have built a strong connection with the dog, then it may be deemed that it’s in the child’s best interest to reside with the dog, meaning the parent with the majority of custody may be given ownership.
A judge will also take into consideration who should be given custody if the household has more than one dog, and could rule that the canine companions need to be kept together.
The possibility of shared ownership
In some instances, both parties could agree to share ownership of the dog. This would be ruled similarly to joint custody of a child, with one party having the dog for a period of time, and then handing it over to the other.
This can be helpful to allow both parties to continue to enjoy pet ownership and also fairly practical in managing different living arrangements and working patterns.
Declaring ownership within a pre-nup
A pre-nuptial agreement, (known as a pre-nup), is an agreement made and signed prior to marriage, which predetermines ownership of various assets in the event of a divorce. Although pre-nups have to meet certain criteria to be legally binding, it is usually the case that any arrangements included in them, will heavily sway a judge’s decision during a divorce.
Other factors impacting the decision
Throughout a divorce case, both parties may be given the chance to express their wishes and concerns about future ownership of the dog. However, it’s important to note that affection and familiarity are not grounds for ownership, so the courts will not make their decision based solely on who claims to love the dog more.
Thanks to John for this. I hope you have found it useful!
Keep an eye on the blog for some more posts coming soon about other aspects of the legal side of dog ownership.
As always, if there’s any topics of dog training, behaviour or behaviour that you would like some guidance on please do get in touch on info@nosetotrail.co.uk
John Roberts is a Partner and Director of Austin Lafferty. John has been with the firm for almost 20 years, with experience in all areas of family law, including divorce and separation, adoption and contact.