Pets on Divorce and Separation: Does UK Law Need to Change?

As Family Law currently stands, pets are considered as chattels meaning they are personal possessions, just like your car, a sofa or a watch. The English law is yet to recognise our pets as family members, i.e. ‘sentient beings’ despite there being an overwhelming proportion of the English population owning pets; there are 13.5 million pet dogs and 12.5 million pet cats in the UK.

We find that there are huge variations across the courts when decisions are made about pet ownership when people break up. There is no consistency and that is sometimes causing unreasonable outcomes when these cases go to court. We had a recent case where a Judge ordered for the dog to be placed up for auction with the RSPCA. The Order could not be implemented as the RSPCA does not provide such a service (rightfully so!).

What is a sentient being?

A sentient being refers to something that has the capacity to experience positive and negative feelings such as joy, pain and distress. Animals of course have the ability to feel all these emotions so why does the law not recognise this when a relationship breaks down? The law is based on the outdated widely held view that animals do not feel pain. However, anyone who owns a pet knows that they experience pain and also have a favoured person in the household!

Should a pet’s welfare be considered when deciding whom they should live with upon separation?

Currently, the answer is no. The Animal Sentience Committee, provided for by the Animal Welfare (Sentience) Act 2022 ensures that UK Government policy decision properly consider the welfare of animals as sentient beings where necessary and appropriate. However, their focus is on farm animals and the way in which they are treated and transported rather than domestic pets. You can read the very short Act HERE. The Working Group: Pets on Divorce is working hard to change this and has invited the Committee to consider the impact on animals of government policy on divorce and cohabitation.

We say that Government policy must take into account animal welfare on relationship/marital breakdown. If it doesn’t, our furry friends will suffer, and that’s just not fair on them.

Why does the law on divorce and cohabitation need to change?

In divorce and separation, pets are often used as a bargaining chip. There have been cases where ex partners have euthanised a pet in order to upset their former partner or spouse. The Nuffield Family justice report 2021 concluded that domestic abuse is often linked to the mistreatment of animals, making it even more important to change the law to protect the safety of victims and prevent harm to pets.

Proposed changes to the law

Other Countries, who have very similar laws to England and Wales have already updated and reformed their Acts of Parliament in relation to pet ownership. Canada (the state of British Columbia) made changes in January 2024 which dictate that the Courts must consider the following when determining the legal ownership of a pet:

1. The circumstances in which the companion animal was acquired;
2. The extent to which each spouse cared for the companion animal;
3. Any history of family violence;
4. A spouse’s cruelty, or threat of cruelty toward an animal;
5. The relationship that a child has with the companion animal;
6. The willingness and ability of each spouse to care for the basic needs of the companion animal;
7. Any other circumstances the court considers relevant.

The above criteria is something that we suggest should be adopted by the English Courts and inserted into our divorce law. Australia made similar changes in June 2025. By having a similar criteria, it is hoped that there would be fewer disputes.

What is Government doing?

During a Parliamentary debate on 10 November 2025, the Government confirmed its continued commitment to consult on divorce and cohabitation reform. In March 2026, the Government are releasing a consultation regarding a revision of divorce and cohabitation law. Blanchards Law is working closely with the Working Group: Pets on Divorce, to raise awareness about the need for reform in this area.

Please get in touch with us if you would like to get involved or require assistance with your pet dispute. You can Contact us here