The current laws relating to who takes ownership of a pet in the event of a divorce or separation are clear cut and definitive under the Matrimonial Causes Act 1973.
Family law barristers in North Wales can generally advise that many of these decisions are based on who bought the animal, who looked after it and who paid for its care. However, these legal advisors can now provide more up to date guidance based on a recent case law.
FI v DO was a case that was brought to court in 2024, and one that changed the normally anticipated outcome. In this particular case, the husband had purchased the dog and claimed custody based on this truth. However, the judge declared that in actual fact, the wife should maintain ownership, since it was she who looked after the animal and benefited emotionally from the companionship it brought her.
Although the decision to award the wife the ownership of the dog was based on a more emotional attachment to the animal rather than any practical arrangements, solicitors specialising in family law in North Wales would still urge caution to those who believe this ruling set a precedent. Judges have indicated that each case in the future will be approached individually, and the law applied as it stands when necessary.
At Bennett Smith Solicitors, we can offer support on all aspects of family law. Contact us today to discuss your concerns regarding divorce or separation.
