Spring is in the air and Easter is around the corner, but who gets to keep the bunny when a relationship breaks down?
In the UK, the birth rate has been declining at a steady rate over the last few years. In contrast, the UK pet population has remained steady with 51% of the UK population owning a pet. It is therefore perhaps unsurprising that many pet owners view their pets as family members and commonly refer to them as “fur babies”. In Scotland, the law does not take the same view. Pets are treated in the same way as inanimate property, such as the kitchen table. So, who gets to keep the family pet(s) when a relationship breaks down?
Decoding pet ownership
In the event of a dispute about who should keep the pet, the starting point is to determine who owns the pet. Ownership can be determined by considering things such as who paid for the pet and who is registered as the owner at the vet. The owner of the pet will be entitled to keep the pet. If parties cannot agree between themselves who owns the pet there are other options available, such as mediation or solicitor negotiation, to decide that matter. It is possible to ask a court to determine who owns or should get a pet on separation or divorce, but court should be avoided given the costs associated with raising a court action.
Reaching an agreement
The owner of the pet can either keep the pet or agree to share the pet’s care with the other party. It is possible to have a shared care regime, which can be recorded in a written agreement. These agreements can also deal with practical issues, like who is responsible for the costs associated with the pet e.g. insurance and veterinary costs. Individuals should bear in mind that agreeing to share the care of a pet following separation ties parties to one another for a period.
Next steps
Following the breakdown of a relationship parting couples should try to come to an agreement regarding all matters, including their pets. Any agreement reached can be recorded in writing and can include matters relating to any family pets. That way, the bunny always knows where it will spend its Easter holidays!
If you have any questions on pet ownership or any other aspect of your separation, please contact our Family Law team to discuss your situation further.
