In divorce cases, the spouse who regularly walks and cares for the family dog should be the one awarded custody—not necessarily the one who paid for it, legal campaigners are arguing.
Currently, pets are legally treated as property, meaning ownership often goes to the purchaser. This has allowed some spouses to weaponize beloved pets during acrimonious breakups, even if they have no genuine bond with the animal.
The Working Group on Pets in Divorce and Separation, founded by barrister Sarah Lucy Cooper of Thomas More Chambers, is pushing for a change in the law to prioritize the pet’s welfare. Their proposals seek to recognize that pets, unlike appliances or furniture, are sentient beings deeply affected by separation and instability.
Cooper, who owns a schnauzer-poodle cross herself, said: “Divorce doesn’t tend to bring out the best in people. People can weaponise the pet.” She emphasized that awarding pets based on caregiving, rather than ownership, would better serve the animals’ best interests.
The campaign, which already has support from figures like Tory peer Baroness Berridge (who raised the matter in the House of Lords in February), also aims to extend protections to unmarried couples who separate.
The group ultimately hopes the courts will formally consider a pet’s emotional well-being when making decisions during family breakups.