Who gets the dog in a divorce?
We know that we have blogged about dogs more than once in the past. Here at MSHB however we continue to find that questions around the future of everyone’s friend in the family are now increasingly such a vital consideration in separation that we felt revisiting the topic was in order!
Divorce proceedings can be emotional and complex at the best of times, but when the division of assets extends to beloved pets, issues can become trickier. A growing number of couples consider their cockapoos or labradoodles their children and so who retains ownership of them after separation is a concern to be addressed.
Who is entitled to retain the dog?
In Scotland dogs are considered corporeal moveable property or in other words, a tangible asset that can be seen and touched.
In the Family Law (Scotland) Act 1985 where there is a presumption of equal sharing in household goods, a domestic animal is excluded from this definition. The owner is therefore the person who purchased the pet.
For practical purposes, what this means is that if the pet was a rescue dog or acquired for free, documentation in respect of the registration of ownership of the dog, such as details of the insurance policy holder and the name under which the dog is microchipped are all necessary considerations which assist in determining ownership.
Where the pet has been purchased from joint funds, the approach by a court is likely to be who is the primary caregiver when determining whether its care should be shared or not. This would mean looking at all the circumstances around who provides daily care to the pet.
In the scenario of the dog being a gift, the party to whom the dog has been gifted would be deemed the legal owner.
Once ownership has been established then what?
In order to avoid any dispute arising over who should retain the dog in the event of separation and to avoid costly legal proceedings and keep matters away from determination by a court, parties should consider entering into an agreement or a ‘pet-nup.’
If parties do not have an agreement in place and are unable to agree upon the arrangements in respect of their dog following separation, then it may be necessary for a court order to be sought.
If joint ownership of the dog is established, it is possible for the Court to order that a shared care arrangement would operate.
The alternatives are that the Court orders ownership be granted to one party only or it could order that the parties sell the dog and split the proceeds of sale.
Care arrangements for dogs during separation is an increasingly common matter for solicitors to have to consider and provide advice. If you are experiencing difficulties in agreeing the arrangements in respect of your dog as part of your separation, our Family Law Team can offer expert advice. We understand that every family is unique, which is why we take the time to listen to your needs and tailor our advice to your circumstances. We invite you to reach out to us today at 0141 221 1919. We are here to assist you every step of the way.
