So who keeps the dog?

So who keeps the dog?

Under English Law, when a relationship breaks down, the family pet is treated as property, or as a chattel. As such, the animals welfare is not of primary concern in the event of their being a dispute as to who gets to keep the animal, or have access to it, and it is law relating to peoperty that is relevant. There is no law equivalent to that of the law relating to children, and there is no concept of custody of the cat or contact to the dog etc. Accordingly, the law decides such disputes on issues such as who is able to show legal title to the animal.

This is not the case in other parts of the world, where the the best interests of the animal are taken into account as well as the property issues.

Recently a paper written by Debbie Rook of the Northumbria University School of Law called for a revolution in the law relating to how decisions are made regarding pets in divorce and separation cases in the UK. In her article Ms Rook suggests that a test based on the animals welfare ought to be incorporated into English Law.

In order to assist, Blue Cross have developed, as they call it, a Pet Nup. This is a somewhat lengthy document aimed at allowing couples to plan for what should happen to the said animal in the event of their separating. Blue Cross themselves acknowledge that it is not legally enforceable (yet), and there is therefore no guarantee that the court would uphold such a document in the event that it's validity were to be disputed. However, providing that certain safguards are put in place at the time that the document is signed, it could be made to be quite persuasive and therefore stand a better chance of being upheld.

Blue Cross recommend that before being signed each party to the agreement takes independant legal advice.