National Love Your Pet Day on 20 February 2026 is a perfect moment to think about how best to safeguard your relationship with your pet if your personal circumstances change.
Disputes about pets are emotionally charged, yet, when relationships end the law approaches them in a way many owners find surprising. Planning ahead can reduce conflict, cost, and uncertainty.
How the law treats pets
In civil law, a pet is treated as property – legally no different from an item of furniture or other personal belongings.
That often comes as a shock. Courts will look at ownership, not emotional bonds or who the pet prefers. Disputes over pets can be so emotionally charged that people sometimes spend far more on legal fees than the animal’s financial value. Clear agreements and good records can prevent that entirely.
Entering into an agreement
Couples can enter into a formal agreement – whether a pre-nuptial, post-nuptial, or Minute of Agreement – setting out:
- who will own the pet if you separate or divorce
- how ongoing care will work
- how expenses such as food, insurance, and veterinary bills will be shared
In Scotland, parties are generally free to contract on any lawful terms. While courts always retain discretion, a well-drafted agreement that is fair and entered into voluntarily is far more likely to be upheld.
Think of this as future-proofing: agreeing matters while relations are good is usually far easier than trying to resolve them after a breakup.
A real example
A 2022 Scottish Sheriff Appeal Court case (Smith v Duncan [2022] SAC (Civ) 16)) highlights how these disputes are approached in practice.
The case arose from proceedings originally heard at Elgin Sheriff Court. A couple had bought a dog while living together. After separating, Ms Smith argued she was the sole owner, relying on a purchase contract in her name. Mr Duncan claimed the dog was jointly owned.
Although the contract named only one person, the court focused on the wider evidence: prior discussions, the intention to buy the dog together, and how both parties contributed to its care. Ultimately, the court found the dog was jointly owned, showing that paperwork alone is not always decisive – context matters.
The takeaway? Courts will examine the full picture: agreements (spoken or written), payment arrangements, and day-to-day responsibility.
Simple steps to take
Ideally you should enter into a formal agreement, but there are other practical measures that can significantly strengthen your position if a dispute ever arises:
- Keep a clear paper trail.
- Retain copies of the purchase contract.
- Hold onto receipts for food, insurance, walkers, grooming, and veterinary costs.
- Make sure your name appears on veterinary records and insurance policies as owner or policyholder.
- Ensure microchip registration accurately reflects the agreed ownership.
If you intend ownership to be joint, put that in writing and make sure all records align — vet, microchip database and insurer.
It is also wise to think ahead about the practical realities of separation. Would you be able to afford the pet on your own? Would your accommodation be suitable? Could you manage the day-to-day logistics without support?
Asking these questions early can help you make realistic arrangements that prioritise your pet’s welfare and avoid unnecessary disputes later.
Bringing it together
Thoughtful planning today can spare real heartache tomorrow.
A tailored agreement, backed up by consistent documentation, helps protect your legal position while keeping your pet’s welfare front and centre. Take advice early, decide what outcome feels fair, and record it clearly.
On National Love Your Pet Day, the most meaningful steps may be practical ones: put arrangements in writing, keep your records in order, and make sure your pet’s details reflect the reality you intend.
And if agreement proves difficult, a solicitor can explain your rights and help you work towards a sensible, proportionate solution — before emotions (and costs) escalate.
Should you wish to discuss any of the above, please get in touch with our team and one of our family solicitors will be able to meet with you to advise you on your options.
DISCLAIMER
The content of this page is for information only. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Gibson Kerr Ltd accepts no responsibility for the content of any third party website to which this webpage refers. Gibson Kerr Ltd is regulated by the Law Society of Scotland.