When a relationship breaks up, who gets to keep the pets can be a touchy subject.

Under the Property (Relationships) Act, household pets are generally considered “family chattels”. This means they are subject to equal division (not literally).

In theory, where a separating couple cannot agree, chattels would be sold and the proceeds divided equally. This is difficult where the “chattel” is actually a loving puppy or cat.

The problem inherent with pets being regarded as property was highlighted by a case a number of years ago where both parties wanted to keep the family dog. During the break up, one of the parties took the dog with her. The Court required the parties to sort the dispute themselves, and noted that while pets were technically family chattels, the welfare of the dog should be a primary consideration.

In another case, the Court found it was in the dog’s best interests to remain in its rural home rather than move to the city. Ownership was determined on that basis.

Usually pet welfare issues will not end up before the Courts. Most couples will be able to sensibly sort out a solution that works for both of them. Some couples even decide to proactively sort this issue out through a Contracting Out Agreement which specifies who will care for the dog should a couple separate in the future.