When a marriage breaks down, most of us think about property, pensions, or children—not the family pet. Yet for many, a dog, cat, or other companion animal is a cherished family member. The recent case of FI v DO [2024] EWFC 384 (B) shows how the Family Court in England and Wales are increasingly considering pets’ welfare, not just ownership, in divorce and separation disputes.

Pets: Still Considered Property

In law, pets are a chattel; legally considered personal property, like furniture or electronics. That means, strictly speaking, courts could treat a dog as a piece of property to be divided. But FI v DO shows the reality is more nuanced: judges are now looking at attachment, care, and home environment, not just who paid for or owns the pet.

What Happened in FI v DO

· The couple married in 2010 and separated in 2022. They had two children who remained living with the wife.

· During their marriage, they bought a golden retriever puppy, who became the subject of dispute after separation.

· The husband argued he purchased and trained the dog, claiming it was registered as an assistance dog for his mental health.

· The wife said the dog was bought as a family pet, that she had contributed to the purchase, and that she had been the dog’s main carer since separation.

· Evidence showed that the dog had lived with the wife for around 18 months and returned to her home after an incident when the husband attempted to take it.

· The court considered:

o Who had primarily cared for the dog since separation (wife had done so for 18 months)

o The dog’s attachment and behaviour (it returned to the wife’s home when removed by the husband)

o Impact on the children living in the same household

The court decided that the dog should remain with the wife, emphasising that what matters most is who has cared for the animal and where it now feels settled, not who originally bought it or whose name appears on paperwork.

Implications of the Case

This decision underscores a shift in how courts may approach pet ownership in divorce cases. While pets remain legally classified as property, courts are increasingly considering factors including:

· Primary Caregiver – Who has been responsible for the pet’s daily care?

· Emotional Attachment – Where does the pet feel most comfortable and secure?

· Children’s Well-being – How does the pet’s living arrangement affect any children involved?

Planning Ahead: Pet-Nups

A pet-nup is a written agreement between partners covering what happens to pets if a relationship ends. It can:

· Decide where the pet will live and whether shared care is possible

· Outline who pays for food, insurance, vet bills, and other costs

· Reduce conflict and provide evidence of intentions if a dispute reaches court

Although not fully binding, pet-nups show courts the parties’ agreed intentions and help avoid emotional disputes over beloved pets.

FI v DO reinforces that while pets are legally property, courts are increasingly guided by welfare, attachment, and family context. If you’re separating, keep records of care, consider a pet-nup, and seek early advice.

How we can help

At Berry Smith, our experienced Family Law team are here to provide you with expert support and guidance throughout your divorce or separation. If you would like to discuss anything in the article or separation in general please speak to one of our family law specialists and contact us on 01656 645525 or email family@berrysmith.com.