Estella Newbold-Brown, partner and head of family law, discusses a recent case where the couple’s beloved dog was considered in their divorce settlement over and above it being a chattel.
FI v DO [2024] EWFC 384 (B)
The case of FI v DO [2024] EWFC 384 (B), was adjudicated on 20 December 2024. It primarily addressed the financial remedies application following the dissolution of the marriage between FI and DO. The central asset in contention was the former matrimonial home (FMH). The focus of the case including housing, maintenance, fairness and who should get the dog.
Although the primary focus of the Judge was on the division of the FMH, the court also considered the welfare of the couple’s dog, which had been a significant part of the parties’ life and their children. In family law, pets are typically regarded as personal property i.e. chattel; however, in this case, the emotional attachment and the role of pets in family dynamics influenced the court’s decision making process.
In this instance, the court considered factors such as who was the primary caregiver of the dog, the living arrangements post-separation, and the best environment for the dog’s well-being. Ultimately, the court decided that the dog should remain with FI, who had been the primary caregiver (for the last 18 months) and that this home was the ‘safe place’ where the dog ‘belonged’. In essence, this arrangement meet the dog’s needs.
Why is this case so important?
This decision underscores the court’s recognition of the unique status pets hold within families, balancing legal principles with the practical aspects of the pet’s welfare. The court’s approach in this case reflects an understanding of pet’s sentimental value and the importance of their well-being in post-separation arrangements. Perhaps there is more of a shift towards how pets are in treated in European court. In any event, this decision is very much welcomed in the family law industry.
About the Author
Estella Newbold-Brown is a partner and Head of Family Law team at Amphlett Lissimore. Estella specialises in financial arrangements following a separation. An animal lover herself, Estella has a keen interest in pet-nups and has recently joined forces with Sarah Lucy Cooper to form a steering group of 20+ lawyers and barristers all looking to change the law that sees pets as chattels and not as an integral part of the family as they should be.
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