The evolving status of pets within familial relationships: can family law adapt to the new domestic reality?

The breakdown of a relationship invariably triggers discussions over the division of assets, arrangements for any relevant children, and increasingly, ownership of the family pet. Whilst the care of a pet is an emerging feature within post-separation discussions, there is much uncertainty over their status. Who is entitled to keep the dog after a divorce? Who is responsible for its daily care or financial responsibilities? Whilst a pet might be viewed as a valued family member, it is mere personalty holding no more legal rights than any inanimate object. A schism exists between their legal and emotional status. However, a growing sentiment is emerging in England and Wales for companions to gain status as legally recognised members of the family. Given the evolving needs of the “interspecies” family, this article explores the diverging emotional and legal gap in England and Wales, and the capacity for family law principles to bridge this chasm. Ultimately, the law in England and Wales has failed to evolve with the new domestic reality of families. Whilst property law principles fail to recognise the significance afforded to companions within the familial unit, there is potential for family law principles to bridge these emotional and legal realities.