In legal terms, your beloved dog, cat or rabbit is treated no differently from a pot, kettle or a coffee table. This disconnect between how we view our pets and how the law treats them is becoming increasingly hard to ignore. While animal welfare legislation has evolved to recognise animals as sentient beings, family law remains stuck in the past.
When Love Ends, What Happens to the Pet?
When couples separate, disputes about pets can be among the most emotional and, surprisingly difficult given the law in this area, to resolve. Unlike arrangements for children, the courts are not required to consider:
- the pet’s welfare
- who primarily cared for the animal
- the bond between the pet and any children of the relationship
- or whether domestic abuse may be a factor
Instead, the law reduces the issue to a straightforward question of ownership. The same approach applies in England and Wales, where pets are still classified as “chattels”.
Naturally, most couples try to reach a sensible agreement about the care of their pets between themselves. But when emotions are running high and both parties feel a deep attachment to a pet, compromise is not always easy. In some cases, disputes escalate into litigation - often at significant financial and emotional cost.
The Reality of the Current Law
Under Scots law, pets are classed as “corporeal moveable property”, a technical term that essentially means a physical object you can own and transfer.
For separating couples, this creates a stark reality:
- The pet usually belongs to whoever bought it
- Courts focus on paperwork which indicates ownership such as purchase receipts, vet records and microchip registration
- Emotional bonds, ability to care and caregiving roles are irrelevant
And if a pet is jointly owned? The legal solution, in the absence of agreement, is astonishingly blunt: the court can order that the animal be sold. For most pet owners, that is simply unthinkable.
The emotional weight of these disputes is reflected in the lengths people will go to resolve them. In Smith v Duncan, a dispute about the care of a dog, the news reports suggest the legal fees for the pursuer alone were in the region of £40,000 - far exceeding any monetary value attached to the animal itself. The case underlines a simple truth: pets are not just property to their owners.
Change Is on the Horizon
There is, however, growing momentum for reform. In 2024, a Working Group on Pets in Divorce and Separation was established in England and Wales to explore how the law could be improved and to advocate for change in this area. The work of the Working Group was recognised at the Family Law Awards in the Family Law Community Action category in 2025. Their proposals are not radical but rather a simple list of criteria that the courts have regard to in these cases.
They suggest courts should consider factors such as:
- who has cared for the animal day-to-day
- who can best meet its needs in the future
- emotional attachments
- any history of abuse or coercive behaviour
The aim is simple: to introduce fairness, reduce conflict and to put animal welfare in the centre of decision making.
Other jurisdictions have already taken steps in this direction. In places like British Columbia, Australia and Spain, pets are still legally recognised as property but with an important distinction. Courts are required to consider their welfare and the realities of their lives within the family.
Even in England and Wales, there are signs of a shift. In FI v DO [2024], a judge deciding a dispute over a family dog acknowledged its legal status as property but still took its welfare into account. The dog ultimately remained with the wife and children, with the court noting that shared care arrangements for pets are often impractical. It’s a small change in approach but a significant one.
Paws for Thought: Protecting Your Pet
Until the law catches up, pet owners in Scotland need to think ahead. A few practical steps can make all the difference:
- Keep clear records: If you acquire a pet, ensure there’s a clear paper trail: purchase or adoption documents, vet records and microchip registration should all accurately reflect ownership.
- Have the conversation early: It may feel unromantic but discussing what would happen to a pet if the relationship ended can prevent serious conflict later.
- A ‘Pet Nup’ - put it in writing: Couples can create agreements setting out a variety of matters such as where a pet will live following separation, how costs will be shared and whether the other person will have ongoing contact. These agreements can provide clarity and reduce the risk of dispute in the future.
The current legal framework in Scotland, across the UK, struggles to reflect a simple reality: pets are not pots. As society continues to recognise the emotional and social importance of animals, pressure for reform will only grow. Until then, separating couples and their pets are left navigating a system that often fails to capture what truly matters.
