Q: Our plans to divorce were going along quite amicably, until we came to the question of who gets to keep our two beautiful cockapoos. Now things have become quite vitriolic and I am wondering whether it is a good idea to continue along the route of a quick no-fault divorce. Will a judge decide the custody of my two best friends based on which of us can best meet their emotional and physical needs, or do I need a divorce solicitor to help me fight for them?
A: Whilst some European countries treat pets as sentient beings, in England and Wales they are still classified as personal property under the Matrimonial Causes Act 1973. This means that when it comes to sharing out the marital assets they are treated exactly the same as a car or any other asset would be. That said, the court may take into account things such as who paid for the pets, who was their primary carer and how keeping or losing them might affect any children in the household.
Whilst the no-fault divorce process may seem a quicker and cheaper way of ending a marriage, it has no effect on the case when it comes to resolving financial and child related issues, or in your case dog ownership issues. Professional advice from a solicitor still has a crucial part to play in the successful negotiation of an agreement on such matters and your solicitor can seek transfer of ownership from the court in the same way they would for land or property. Some pet owners these days also draw up a ‘Pet-Nup’ document setting out what should happen to their pet if they separate.
If you seek the help of a solicitor for your ‘custody’ application, you should gather together as much evidence as you can to support your bond and commitment to keeping your pets, including exercise and care routines, vets bills and insurance cover/costs.
This question has been answered by Nathan Wright, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
