When Jessica Smith separated from her long-lasting partner in April 2022, the primary bone of contention was their family pets. They owned 2 dogs in between them, and they concurred that after the split they would share custody of the dogs.
But as she required to vacate and go through the procedure of discovering a brand-new home, the dogs were momentarily entrusted her ex to take care of.
“At first things were fine. We attended joint couples therapy and had a plan in place to share both dogs on a regular basis,” says Jessica, an IT specialist from Preston, Lancashire.
But then things altered. “Within a month of this agreement my ex-partner advised she no longer wished me to have contact with the dogs and I was then blocked from all form of communication, phone social media etc.”
Ms Smith was the legal owner of among the dogs – a six-month-old Shih Tzu called Honey – having actually paid £1,000 for her in 2021. Desperate to get her back, she looked for legal guidance. “I had grief over losing Honey,” she says.
“I’d recently had two people close to me pass away, then the break-up, and now my dog was gone. With no dog I felt I had no purpose or happiness… we were a same-sex couple, so Honey was like my baby.”
She included: “Prior to this we had a very civil relationship for the dogs’ sake, as the breakup was amicable.”
After getting no help from authorities or numerous law office, Jessica ultimately called Blanchards, among the couple of UK companies specialising in pet custody.
First, they developed she had a legal case. They then composed a letter to her ex-partner asking her to return the dog. When no reply was received, they provided civil court procedures, costing Jessica £2,000.
“I had proof of purchase, and I took the breeder along as my witness yet it was still incredibly stressful,” she says. “I was without Honey for eight months and in that time had no idea if she was even alive. It was a very difficult process getting her back but I don’t regret it. I was lucky and could afford to do this. Not many people can.”
Post-divorce rows about custody of children are understood to be prevalent, however family pets are significantly on the cutting edge. According to research study from Direct Line Pet Insurance, 27 percent of divides in 2021 included custody of an animal.
This makes good sense as the variety of animal owners increases throughout the UK (an overall of 3.2 million families in the UK acquired a pet during the Covid lockdowns in 2020 and 2021). Alongside increasing divorce rates – some 113,505 were given in England and Wales in 2021 – this has actually developed a best storm.
In April, television speaker Ant McPartlin and his ex-wife Lisa Armstrong went to court over their chocolate Labrador Hurley. Although they had actually accepted share the dog following their acrimonious divorce in 2017, Armstrong then chose to demand complete custody, which McPartlin apparently declined.
Couples Kristen Stewart and Robert Pattinson, in addition to Amber Heard and Johnny Depp, have likewise apparently had legal wranglings over their dogs when splitting. And in 2022, millionaire property designer Bashar Ayoub was required to Westminster magistrates’ court by his style influencer ex-girlfriend, implicated of posing as a dog walker to abduct her cockapoo.
Rachel Frost-Smith, legal director at Birketts LLP lawyers, says, “Covid made everything intense. People had to make decisions quickly. They moved in together, had babies and bought dogs which kept them going. It accelerated everything and now it’s all falling apart.”
Research from Frost-Smith’s company reveals that 18 percent of grownups would position family pets as one of the “most important aspects of a divorce or dissolution settlement”, increasing to 21 percent amongst women. “Couples should discuss and agree amicably in advance what should happen to pets should they separate, but too often things get emotional and pets can become weaponised,” says Frost-Smith.
“I’ve had cases of dogs moving back and forth between homes; hamsters too. There is evidence that pets pick up on stress and arguments and shouting, and this isn’t fair. You do question what is in the best interest of the animals, but the law doesn’t consider this.”
In UK law, animals are considered chattel or possessions – so no various to furnishings or a car. Ownership for that reason boils down to crucial concerns: who purchased the dog, who the microchip is signed up to, who takes it to the veterinarian, who looks after it and who pays daily expenditures.
In UK law, the animal’s well-being is not taken into consideration – although in France, Portugal and Spain, courts think about pets as sentient beings instead of things owned by one or other partner. Judges for that reason will think about an animal’s well-being when couples different, which frequently enhances the case for shared custody. (Research from Direct Line likewise discovered 46 percent of animal owners thought their animal was adversely impacted by a split).
Ms Frost-Smith argues that an approaching Law Commission evaluation, to occur next year, ought to consider the concern of family pets. “[It is about] the division of finances and assets when couples separate. In my view, the subject of how to deal with pets should be part of this review too.”
Blanchards has actually seen an increase in questions about animal custody, mainly including dogs, however likewise cats, parrots, bunnies and even goldfish. Paralegal Dheeba Ali says: “A year ago it was one inquiry a day, now it is three or four, often from cohabiting couples. I have people who tell me their dog is as important than their child. You can hear in people’s voices; they have such strong bonds with their pets and it’s crucial for them to be reunited.”
Now the concern is ending up being so prevalent that individuals are considering it when getting wed. In the previous 3 years, there has actually been a 20 percent increase in need for “pet-nups” – or pre-nuptial agreements, which cover the custody of an animal in occasion of a relationship breaking down.
In 2022, the Blue Cross animal charity likewise presented its own pet-nup agreement form, with the charity presently taking in 4 family pets a week following relationship breakdowns. This in theory would set out custody plans ahead of time, although is not lawfully binding.
Joanna Farrands, head of family law at Moore Barlow, saw her very first animal custody case 5 years earlier and now sees them more frequently. “Recently, a couple agreed shared custody of their dog. But one partner decided to renege on this deal and take the dog on holiday with her. Our client then drove to the holiday property and forcibly picked up the dog. Similarly, I have dealt with strong disagreements over Persian cats.
“As far as I’m concerned, people should not use lawyers. Legal fees can quickly outweigh the cost of a pet, and I know of one client at least who spent £10,000 on a civil application. It is anecdotal but since the pandemic people seem a lot angrier and just won’t compromise.
“But this is so damaging for everyone, including the pets. If couples are going to share a dog long-term, they need to be able to communicate about routines so the animal does not suffer. It is far better to be calm and find a resolution.”
