“Doggone it!” is an expression of exasperation, often replacing “Goddamn it” and one that can rightly be used by one half of a separating couple on finding the other partner has left, taking the precious family dog. What can be done in such situations? It should be remembered that the family dog is a beloved member of the family, sometimes replacing children in relationships where there are no children. It is usually the case that both partners love and want the dog and sometimes the partner who takes the dog, does to out of spite to the other partner or as a bargaining tool. The emotions that accompany issues surrounding the dog are ones to be taken into account along with the distress of the end of the relationship and dealing with the division of the financial assets
The law does not take into account emotions and feelings and the family pet is treated as a thing, much like a television or washing machine. In the case of divorce and the financial proceedings that accompany a divorce where there is no agreement, the court will not deal separately with ownership of a dog, any more than they would deal separately with a car or luxury item of furniture (considering a similar value to a dog). Divorce courts look at a financial settlement/order as a whole. There is no power for a divorce court to order a dog to handed over to one partner. If the partners are in an unmarried relationship, then an application can be made to the small claims court who will look purely at ownership, again, much like ownership of an item. Therefore, to claim ownership of a dog, it is necessary to show evidence about how the dog was paid for, in whose name is the Kennel Club and microchip registered, whose name is registered at the vet and on the pet insurance, who pays expenses, who looks after the dog and so on
Good advice is to consider the above from the outset rather than having to try and argue ownership after the relationship has broken down. Increasingly, couples are using Pet Nups, similar to pre-nuptial agreements to organise finances prior to a marriage. Pet Nups are not recognised by divorce courts as such but they are certainly of persuasive value if ownership and/or arrangements for the pet following separation are set out
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