The “Dog Days” of Divorce: Rethinking Pet Custody

In honour of our favourite furry friends here at Lux, Pip and Fenn, the court’s approach to pets in FI v DO [2024] EWFC 384 has sparked debate and piqued interest within the Lux office.

FI v DO [2024] EWFC 384 was adjudicated on 20 December 2024 – a case that primarily dealt with financial remedy with the central asset being the former matrimonial home (FMH). In financial remedy proceedings, the court focus on fairness when dividing assets as well as the housing and potential maintenance needs of the parties. However, in a noteworthy development, the court in FI v DO [2024] EWFC 384 uniquely considered the needs of the parties’ dog in this case, highlighting a potential shift in the courts approach.

In family law, pets are traditionally treated as chattels – personal belongings. In a divorce, chattels are typically divided and agreed between the parties, however, are sometimes considered by a Judge.

What makes FI v DO [2024] EWFC 384 distinctive is the court’s differing approach with the parties’ dog whereby the Judge considered the needs of the pet due to the emotional attachment involved. They considered the following: who the primary caregiver was, the dog’s living arrangements post separation and the best environment for the dog. The judgment concluded that the dog should remain with Fi, who was the primary caregiver, and that her home was the best environment for the dog.

The court’s approach in this case reflects an understanding of a pet’s sentimental value and highlights a potential shift as to how pets are considered in divorce and financial remedy cases.