As a family law solicitor, Estella Newbold-Brown dedicates much of her time to guiding individuals through the complexities of divorce. While discussions surrounding child custody are often highlighted, she notes that a less frequently acknowledged yet increasingly contentious issue is the custody of pets. “Many people have strong emotional connections to their pets, often treating them as family members,” explains Newbold-Brown, who works at Amphlett Lissimore Solicitors. “One client recently remarked, ‘You can take the car, but I’m keeping the cat!’”
Newbold-Brown recounts various instances, including a case where a client had to involve law enforcement when his ex-partner allegedly kidnapped their dog. In another situation, she had to negotiate elaborate custody arrangements for Koi Carp that remained in the garden of her client’s former spouse. Public figures have also found themselves in similar disputes: Eamonn Holmes recently shared on social media about reuniting with his dog amidst a custody battle with his ex, Ruth Langsford. Additionally, in April 2023, TV personality Ant McPartlin and his ex-wife Lisa Armstrong faced court proceedings over their beloved chocolate Labrador, Hurley.
According to a 2021 study by Direct Line, which is the latest data on this topic, 27 percent of divorcing couples engaged in negotiations regarding pet custody, with some spending upwards of £7,000 on legal fees to reach a resolution. With pet ownership on the rise—38 percent of UK households have welcomed pets into their lives over the past four years, as reported by UK Pet Food—the emotional stakes are higher, and solicitors are finding themselves busier than ever.
“The demand for pet custody arrangements has certainly increased, particularly following the pandemic when many people adopted dogs while working from home,” Newbold-Brown notes. “As individuals return to the office, they find it challenging to care for their pets. With nearly half of marriages ending in divorce, pets often become a central part of the settlement discussions.”
The Concept of a Pet Nup
This rising trend has led Newbold-Brown to advocate for what she calls a ‘pet nup’—a playful term for a pet prenuptial agreement. “There is a definite need for pet nups. People should be more aware of their existence and the significance they hold,” she emphasizes.
A pet nup serves as a formal agreement that outlines the intentions regarding pet custody, differentiating it from traditional prenuptial agreements focused on assets and debts. This document can encompass various elements, including who is responsible for veterinary bills, custody arrangements, and care protocols during holidays. Direct Line’s research indicates a 20 percent increase in demand for pet nups from 2018 to 2021, a trend that Newbold-Brown has also observed. “There’s a growing interest in understanding pet nups, even if they aren’t always being drafted,” she adds.
Importantly, pet nups are not exclusively for married couples; they can also benefit cohabiting partners, housemates, or even adult siblings. Depending on the complexity and the lawyer’s fees, creating a pet nup can cost between £2,000 and £4,000, excluding VAT. Extensive negotiations can increase this cost. The document can stand alone or be incorporated into other legal agreements.
While pet nups are not legally binding, Newbold-Brown explains, “They serve as a formal expression of intent. If prepared correctly, they can carry significant weight in legal proceedings. However, the legal status of pets in the UK presents challenges.” Pets are classified as chattel or possessions, treated like inanimate objects such as televisions or cars. Hence, ownership is determined by documentation rather than by who has been the primary caregiver.
“Currently, the law states that the individual who purchased the pet is deemed the legal owner,” she states. This determination hinges on factors such as who paid the breeder or adoption fee, who the microchip is registered to, and who covers veterinary expenses. However, she notes that “a pet nup can influence court decisions,” as recent rulings have begun to consider who the pet was living with and the ability of each party to provide proper care.
Newbold-Brown emphasizes the limitations of the court’s power: “Their role is restricted; they cannot assess a pet’s welfare and can only make ownership declarations.” In contrast, countries like France, Portugal, and Spain prioritize pet welfare during separations, recognizing animals as sentient beings rather than mere property.
“The legal framework needs to evolve to treat animals as living, breathing beings rather than possessions,” she asserts. Newbold-Brown is part of a collaborative effort involving barristers, solicitors, judges, veterinarians, and academics aimed at reforming how the law regards pets. On February 27, during a session in the House of Lords, Baroness Berridge underscored their initiatives, urging the government to consider legislative changes.
Among the issues being addressed is the need to evaluate what is best for the pet involved. Nearly half of pet owners (46 percent) who have ended a relationship believe their pet’s well-being suffered due to the separation. Newbold-Brown cites a case where a couple had agreed to share custody of their dog. Despite both parties wanting the pet, the husband believed the dog was more bonded with his ex-wife. However, when the dog was with the wife, it exhibited signs of stress, while it thrived in the husband’s care.
“Sometimes, our instincts about what’s best for our pets may not align with their actual needs,” she reflects. “While we often think about a dog’s emotional attachment, we must also consider their well-being from a different perspective.”
Until the laws are updated, Newbold-Brown advises that creating a pet nup is the best course of action. “Without one, a cherished pet can become a contentious issue or even a weapon used against a former partner,” she warns. “I’ve encountered individuals who have relinquished their pets out of frustration, saying, ‘I can’t deal with this dog anymore; you take it.’ It’s disheartening because, for couples without children, pets can be as significant as kids. For those with children, the bond between kids and pets is often profound.”
Ultimately, if you are committed to the well-being of your pet, Newbold-Brown stresses the importance of safeguarding your interests. “If you are the primary caregiver, a pet nup is your best protection to ensure your pet receives the care it deserves. If you believe you are the best person to provide for your pet, you want to avoid disputes over custody and ensure that your pet is covered by this agreement.”
Moreover, she advises that having these difficult conversations early on is crucial. “When I first met my wife, we discussed our views on children before marriage, recognizing that differing opinions could lead to future challenges. The same holds true for pets. It’s about aligning your values. You might have different beliefs about euthanasia, diet, medication, training, and other care aspects. Engaging in these discussions early, before welcoming a pet into your home, ensures you are on the same page regarding your responsibilities and philosophies.”
