Pets and the Law

Ask the vast majority of pet owners, and they will tell you that their pet is not just a possession; they are members of the family!

Historically, however, the law has treated pets as nothing more than property, but recent developments in the law suggest that there has been an attitudinal shift in the way the law treats our furry friends.

In this article, Sobiah Hussain (Head of Private Family Law) and Jennifer Kabala (Head of the Dog Law & Animal Welfare Team), consider the recent developments in the law and explore the possible implications for the future. The approach to dealing with animals in a legal context does vary, depending on the area of law. This article will be focusing on family and criminal law.

How are pets recognised and dealt with in Family Law?

In England and Wales, pets – whether they are cats, dogs, or fish – are considered as ‘chattels’ by law. This falls under the Section 24 (1) and 24A of the Matrimonial Causes Act 1973(MCA 1973), or the Civil Partnership Act 2004. They are treated similarly to possessions such as a car or a piece of furniture.

The courts have been reluctant, generally, to deal with the issue of pets and have simply considered them as a chattel or personal property. The court would look at the ownership, i.e. the person who bought the pet and/or has the registration documents in their name. It could only be transferred if one party gifted the pet to the other party.

For many, a pet means much more: a member of their family, a source of emotional support and a companion. Couples going through a divorce often struggle with the emotions involved when talking about pets. While lawyers focus on how to divide the property, pensions and money in a financial settlement, pets can be easily overlooked.

A recent case, FI v DO [2024] EWFC 384, has demonstrated a shift in the courts decision making when determining what happens to your pet. In this particular case, the court determined that the dog should remain with the wife. They looked at the husband’s actions of snatching and injuring the dog. They also noted that the dog had lived with the wife for the preceding 18 months.

The court looked at the best interest of the dog in the matrimonial dispute, which has set a potential precedent for future cases. Behaviour was a significant factor in this case, and it demonstrates that even with our current rigid framework of law, the welfare and past treatment of your pet can influence outcomes.

The reality is that the current approach does not reflect how modern families view their pets and the courts are recognising the emotional value of animals.

How are pets recognised and dealt with in Criminal Law?

Prior to the introduction of the Pet Abduction Act 2024, the law would treat the theft of a pet in the same way as it would treat the theft of another other inanimate possession, such as a mobile phone.

Given that the economic value (i.e. how much the owner paid) of most pets is not particularly great, the sentence the court were capable of imposing was often severely limited. By way of an example, I paid a fee of £370 to rehome my current dog, meaning that if he were to be stolen prior to the inception of the Act, there is a good chance that the perpetrator would have received a short custodial sentence, a community order or possibly a fine.

To have a beloved family pet stolen is not and should never have been likened to having your mobile phone stolen. It would be more appropriate to liken it to having a human family member family kidnapped. The heartache and fear of what could happen are far greater.

The Act, however, created new offences of:

Dog Abduction; and
Cat Abduction.

Provision was also made by the Act for future amendments to be made, so that the law could be adapted to apply to other species of animals commonly kept as pets.

Both offences are triable ‘either way’, meaning that they may be tried in either a Magistrates’ Court or a Crown Court and carry a maximum penalty of 5 years in prison, a fine or both.

This Act represents a significant turning point in the law. It acknowledges the serious impact that these offences have, not only on the owner, but on the animals as sentient beings. They now receive more appropriate weight.

Overall, the Act does appear to be having a positive effect, with the dog “thefts” down by 21 percent in 2024 from the previous year.

What can you do to protect your pet in family law?

There are always difficult conversations to be had when dealing with a separation, and some disputes over animals are complex. One party may argue that they have a stronger bond with the pet than the other. Questions about who the pet will live with and who will pay for its maintenance can be stressful.

Parties can attend mediation to help resolve their issues. However, if this is not possible, then the courts can make decisions when determining the overall financial settlement. At this point the court will consider factors such as;

Ownership and who holds the registration documents
Has there been any prior agreements
As in the recent case, the relationship between the pet and the parties
The children’s attachment
A pet’s expenses will need to be considered when the courts look at the income needed as part of the financial settlement.

Pets play a crucial emotional role in families making their custody a sensitive issue. It is now more common for parties to enter into a formal agreement about what should happen to their pet if they separate. These are known as ‘Pet Nups’, inspired by Pre/Post Nuptial Agreement. Whilst they are not legally binding, they can hold weight in the event of a dispute.

The focus of your agreement will be on what happens in the event of a breakdown in the relationship, ensuring your pets welfare and allowing each of you to maintain a good relationship with your pet.

You can have a standalone agreement which may include:

Who shall keep your pet and the living arrangements
Who will pay for their upkeep and set out the parties financial responsibilities
How and when access will be provided
You can set out how parties should aim to resolve any disputes

You may also wish to include a separate clause in a pre/post nuptial agreement which can be used to settle any disagreements.

It is important that you seek legal advice to make sure that you are able to draw up an agreement which best suits your needs.

What can you do to protect your pet in criminal law?

Whilst a formal agreement may afford your pet some protection (and you some piece of mind) in a family law context, protecting your dog from theft is not quite so straight forward.

There are, however, some ways in which you can protect your pets from theft.

The pets most likely to be stolen in the UK are dogs, with approximately 5 dogs being stolen in the UK every day. However, this doesn’t mean that other types of animals can’t be stolen too.

Here is some general guidance to help you protect your pets from theft.

Microchipping your pet

It is a legal requirement to microchip dogs – and now cats – in the UK. It may seem tiresome, but having your animal microchipped significantly improves your chances of being reunited with them if they are lost or stolen.

Always make sure that your contact details are kept up to date on your animal’s microchip.

Collar and ID tag for pets

Again, it is a legal requirement for dogs in the UK to wear a collar and/or ID tag with the owner’s name and address on it when in public. Whilst it is not a legal requirement, it is also a good idea to have your mobile number on your dog’s ID tag too, so that if they become lost, anyone who might find your dog can contact you directly.

TOP TIP: You could add “I’m neutered/spayed” onto your dog’s tag as a deterrent to would-be thieves.

Spaying/Neutering your pet

Many animals, particularly dogs, are stolen for the purpose of breeding.

Spaying or neutering your pets so that they cannot be bred from will act as a deterrent to many thieves and protect your precious pet.

Supervising your pet

Wherever possible, you should never leave your pet unattended. This includes when going to the local shop, leaving them in the car or even in your own garden.

When walking dogs, always keep them in sight, especially when the dog is in an area it doesn’t know.

You could also invest in a tracker for your dog, as this can help you to find your dog if they wander off on a walk or if they are stolen.

Never leave your dog out in your garden unsupervised, as this leaves them vulnerable to thieves, particularly in your front garden.

When leaving your dog with someone else, make sure that the person is experienced with handling the animal and that they are mindful of the risk of theft. If you are using a boarding kennels or a dog sitter who you do not know, make sure to check references so that you can be satisfied that they are reputable.

The best security for pets

When leaving pets at home alone, always make sure that windows and doors are locked. Don’t forget to check the garden gates, and make sure the perimeter walls/fences are in a good state, so that they cannot escape.

You could also invest in a video doorbell or security cameras, for additional protection.

If possible, make sure your pets are not visible when they are in your garden, as this may make them a target for thieves.

The awareness of pets on social media

Posting pictures and videos of your pets on social media is common. But be aware of what you post. The information you are putting out about your pets online might be making life easier for potential thieves to target them

Be wary of posting your pet’s location, activities or routine on social media platforms and always check your privacy settings, to make sure that you are only sharing information with the people you trust.

TOP TIP: If you are visiting a new place with your pet, do not post the location until you have left the area, and be sure you blur out your pet’s ID tags. This is to avoid giving out your personal data online.

Training your dog

In relation to dogs, make sure you have a consistent and reliable recall, so that your dog will return to you when called. This is especially important in areas your dog is not familiar with.

Be mindful of strangers

We all love talking about our pets – I know I do…possibly a little too much! But if someone is asking too many or particularly detailed questions about your pet (particularly online), or showing a little too much interest, it just might be a sign that you are being targeted!

Be cautious of anyone who might be trying to distract you whilst with your pet.

Reporting

If someone behaves suspiciously around your pet or you think that you or your pet might be being targeted, report it immediately to the police.

For detailed advice, please get in touch with one of our private family lawyers who can guide and support you if you have any concerns regarding your pets. You can contact [email protected] or call 0333 240 7373.