When a family splits up through divorce it will usually be money and children which calls arguments. However there may well also be battles over which spouse the family dog, cat or even budgerigar will live with. he family pets are considered members of the family and when the family breaks up questions of residence for the animals and even contact rights can be contentions.

Applications to the Courts are being made where a judge is being asked to rule on who is to have a pet where “custody” is disputed. Although new to the UK, where there is no certain precedent or relevant law, court battles over family pets are well established in the USA. In America the courts have started to follow the principle applicable to children of what is in a pet’s best interest. A Virginian court recently decided that a cats happiness took priority over the property rights between the parties.

The courts in the UK will adopt a more traditional approach in which an animal is considered a chattel and matrimonial property just like anything else. Although this may well be good law, pets are not the same as the family car, washing machine or three-piece suite and things become much more emotional. Disputes over animals have been known to predominates and take over from everything else when otherwise an amicable division of the family assets could have been agreed. The family pet is the sticking point, often providing an outlet to vent personal frustrations which might otherwise not have surfaced.

Most cases involving animals are settled before they reach the point of having to be decided by a judge. The costs involved in employing a lawyer for days on end to argue a claim for a favourite pet would be prohibitive. Notwithstanding the question of cost, the best approach, however attached you may be to the animal, remains to try and negotiate an agreement With the law as it is in England and Wales, the best interest of the pet will not be considered and the pet will continue to be treated as the parties personal property. And as any lawyer will tell you, the best way to divide up personal property is with the toss of a coin.

Where there is a pet to whom you are particularly devoted it is always best to discuss what should happen in the event of a breakup and record this in a separation or post nuptial agreement. Above all, always be realistic about the practicalities of keeping a pet if you are going to be by yourself. Think how it will fit in with your living arrangements and working hours. In particular never try to take a pet away from your children. Be open to a compromise agreement with shared care of the pet. Most important, as with children always remain calm around the pet as they can be very sensitive to conflict which may make them frightened or nervous.