News and Insights

The problem
In Jersey most of us love our pets and treat them as members of the family. However, when there is divorce or a separation one of the very key issues to decide upon is who keeps the pet(s). This is something that really pulls at the heartstrings for many couples when they divorce or separate.

Many of us will remember that last year Britney Spears and Sam Asghari had a highly publicised divorce, where one of the key issues was the custody of their beloved dogs. It was reported last summer that Britney will keep 4 of the 5 dogs and Sam will keep his Doberman, Porsha. 

Arguments about pets are not confined to the USA or even celebrities. 
Approximately, over 51 million people in the UK own pets. Where there is a pet-related dispute in a divorce this can cause legal costs to increase as the law on pets is not clear at all. For example, in the UK, in 2020, a legal battle over Ozzy the Maine Coon cat that lasted 6 years, accrued reportedly £24,000 in legal fees.

According to research in the UK carried out by the Blue Cross charity:

• It found that dogs and cats are the most fought over pets, followed by horses, rabbits and guinea pigs.
• When Brits split it is usually (56%) woman who keeps the pet, whereas just under a third of men (29%) retain full ownership. For those who couldn’t decide who should keep the pet, 15% decided to give them to a family friend, 12% to family members and 6% to pet charities such as Blue Cross.

In the UK, over 30,000 divorce cases involve animals each year. Increasingly, couples are finding it more difficult to reach a compromise on who should take care of the pet. There is anecdotal evidence from family lawyers in Jersey that this is the case in Jersey too. For many people, pets are just as important as children and are considered family members, yet there is very limited guidance and law in place to assist lawyers and couples to make decisions. 

The Law
Under the law, pets are considered like objects in the same way as a car or a painting. Increasingly, however, many feel that pets should be given a far more central place in a separation and properly considered as part of the family.

According to Dr Samantha Gaines of the RSPCA, “A dog is not property,” she says. “Property is a table and chairs. We need to consider where the dog is best placed”. Her view is shared by many animal rights advocates, who believe the law needs to consider welfare issues as much as legal ownership. “Custody absolutely has to be based on what is in the best interests of the pet”.

In contrast to the legal framework for children, where a judge can issue a residence and/or contact order, there is currently no such provision under the law for pets. The responsibility falls on the separating couple to mutually decide on plans for their pets. Fortunately, careful pre-planning through the use of pet-nups can assist in alleviating any disputes. In the UK, research shows that 1 in 20 people now have a pet-nup.

What is a Pet-Nup?
A pet-nup is a written agreement and a type of pre-nup agreement. It details what would happen to the pet(s) upon a divorce or separation and provides a structured approach to pet ownership and other arrangements.

A Pet-Nup: what does it include?
There are several factors that need to be considered when drafting a pet-nup, including but not limited to:

• Who will have full residence/custody of the pet(s)?
• Will there be a contact arrangement?
• Who will pay for the pet’s care and expenses?
• What happens to the pet(s) when a party wants to relocate with the pet?
• What will happen if a party cannot care for the pet?
• If the pet is valuable, the financial considerations and how this might impact on the divorce or separation.

Conclusion
The law on this area is fast-developing and has not yet been substantially tested in the courts in the UK or Jersey.

At Viberts we have a dedicated team of family lawyers who are available to draft a pet-nup or include pet-related provisions within a pre-nuptial agreement. We can assist you with drafting or planning. If you have any queries, please contact our team.