- Hong Kong law treats pets as property. There is no “pet custody” on divorce, and the person registered on the dog licence is usually treated as the owner.
- Places such as Singapore and New York in the United States have begun to apply a “best interests of the pet” principle to pet disputes on divorce.
- A “pet-nup” can set out in advance who cares for the pet after divorce, and reduce disputes later.
- Keep evidence of your day-to-day care of the pet. It helps you get a favourable result in a dispute.
When a marriage ends, the fate of the pet in a divorce is often one of the hardest things for the couple to let go of.
One survey suggests that about one in four divorces involves a dispute over a pet. But Hong Kong currently has no law dealing specifically with custody of pets on divorce.
A pet’s status under Hong Kong law on divorce
Hong Kong law treats pets as property. There is no “pet custody” on divorce, and the person registered on the dog licence is usually treated as the owner.
Is a pet “property” or “a family member”?
For many pet-owning families, the furry one is already part of the family. They have a name, a personality and set routines, and may even be closer than some relatives.
Yet under Hong Kong law, a pet’s legal status is no different from a television or a dining table.
A pet is “personal property”, and on divorce it is dealt with as part of the division of property.
In other words, Hong Kong courts do not currently ask “what arrangement is best for the pet?” in the way they do with child custody:
- The court will not make a “custody order” for a pet
- The court will not set an “access schedule” either
When there is a dispute over who keeps the pet, the court mainly looks at one thing: whose property the pet is in law.
Dog licence registration and who owns the pet
Take dogs as an example. Under Hong Kong’s Rabies Ordinance (Cap. 421):
- Every dog over five months old must be registered and licensed with the Agriculture, Fisheries and Conservation Department
- A licence can only be applied for in an individual’s name
This means that in law, the person registered on the dog licence is the holder of the dog.
In a dispute over a pet on divorce, if the dog licence is in one spouse’s name, that spouse is more easily treated in law as the owner.
For cats and other pets, Hong Kong has no compulsory registration, so ownership is even less clear. It may have to be judged from indirect evidence such as:
- Purchase receipts
- Adoption papers
- Microchip registration
Not sure whose property your pet is in law?
Feel free to check your situation with us.
Common disputes over pet custody on divorce: does it matter whose name the pet is registered in?
When a couple separates, arrangements for the pet often turn on these points of dispute:
- Who is the pet’s main carer
- Whose name the pet is registered in
- How vet bills and everyday costs are shared
Who is the pet’s main carer?
Even though a pet is legally “property”, in real negotiations what both sides care about most is: who looks after the pet day to day? Who feeds it, who walks the dog, who takes it to the vet?
If one spouse has long been the main carer, they have a stronger moral and emotional case for continuing to keep the pet.
Hong Kong courts do not currently use this as a legal test, but in out-of-court negotiation or mediation it is often the most persuasive factor.
Does it matter whose name the pet is registered in?
Yes, but it is not the only thing considered. In Hong Kong a pet is treated as property, and the registered name is indeed key evidence of ownership.
But if the person registered is not the person who actually cares for the pet, a dispute can arise.
For example, the dog licence may be in the husband’s name while the wife does all the daily care. In that case, who keeps the pet often has to be negotiated, or may need legal advice.
How are vet bills and everyday costs shared?
Disputes over pets on divorce are not only about “who gets the pet” but also “who pays”. These costs can add up to a lot over a year:
- Everyday pet food
- Grooming
- Regular vaccinations
- Medical costs that come up from time to time
Hong Kong law currently has nothing like maintenance that applies to pets.
If the pet stays with one spouse, whether the other helps with the costs is left entirely to the two of them to negotiate.
When getting ready to deal with the divorce, we suggest gathering the information and points to consider for divorce in advance, including pet-related documents and records of spending, so you have something to rely on later.
How other places handle pets on divorce
Places such as Singapore and New York in the United States have begun to apply a “best interests of the pet” principle to pet disputes on divorce.
Many jurisdictions around the world have realised that treating a pet as mere “property” is not enough, and have begun to look for legal frameworks that better reflect animal welfare.
Here is how different places compare:
| Legal status of the pet | How the court handles it | Orders the court can make | |
|---|---|---|---|
| Hong Kong | Assets | Dealt with under the principles for dividing property | No dedicated order |
| Singapore | Property (but the pet’s interests are considered) | Six factors on the pet’s best interests | Rules on who keeps the pet |
| New York, United States | Legislation proposed to protect pets | The pet’s best interests are the first consideration | Custody, access, joint custody |
| United Kingdom | Property (proposed to be recognised as sentient) | Courts have looked at financial support; this may change | No dedicated order for now |
| Canada | Assets | Dealt with strictly under property principles | Can order a sale and a split of the proceeds |
Singapore: the pet’s best interests come first
Singapore law also treats pets as property, but when dealing with such disputes its courts have begun to use thinking similar to child custody.
A couple adopted a dog named Sasa together. After they separated they could not agree who should keep caring for it, and the court weighed six factors:
- Who mainly looked after the dog before?
- Who is the dog closer to?
- Which of them does the dog prefer?
- Who is better able to meet the dog’s needs?
- What will its home environment be like in future?
- Which arrangement is best for its overall interests?
The court ruled in the wife’s favour, finding that she was best placed to give Sasa a good environment and attentive care.
What matters in this case is that the court no longer looked only at who the pet “belongs to”, but at “who the pet is better off living with”.
New York, United States: a pet custody bill
In New York, Senate Bill S4248 proposes to amend the law so that, in disputes over pets on divorce, the court treats the pet’s best interests as the first consideration.
Once amended, the court could also make orders for “joint custody”, ownership or access, considering factors such as:
- The pet’s emotional bond with family members
- The owner’s ability to provide a safe home and medical care
- The pet’s health needs
- Whether there is domestic violence and so on
A similar approach is already in place in several states, including Alaska, California and Illinois.
United Kingdom: animals recognised as sentient beings
UK courts used to deal with pets on divorce by looking mainly at who bought the pet and paid for its upkeep, rather than who spent more time with it.
However, as UK legislation gradually recognises animals as “sentient beings”, courts may in future look at what arrangement best serves the pet’s overall interests, and not only at the money.
Canada: is a pet just a butter knife?
Canada takes a more conservative view. In one case the judge remarked, with some irony:
- In law a pet is property, just like a butter knife in the kitchen
- The court would not arrange 1.5 hours a week of “butter-spreading time” because one spouse has “deep feelings” for the butter knife
Please note
- The judge also warned that if the two sides cannot settle it themselves, the court may order the pet to be sold and the proceeds split between them.
This seemingly absurd example reminds us that where the law has not kept up, a pet’s fate on divorce may be far from ideal, and both sides should work hard to reach agreement out of court.
Not sure how to deal with a pet dispute on divorce?
If in doubt, feel free to contact our dedicated consultants.
How to avoid pet disputes on divorce: is a pet-nup legally binding in Hong Kong?
Since Hong Kong law cannot yet deal properly with pets on divorce, couples can consider making arrangements in advance by contract.
Signing a pet-nup
A “pet-nup” is a contract that sets out in advance how the family pet will be cared for if you separate or divorce.
Planning the pet’s future with a tailor-made agreement can spare everyone needless worry and hurt at a difficult moment.
A pet-nup can be signed before or after the marriage, or even after separation. It can also be part of a divorce agreement or a prenuptial agreement, so that finances and the pet are dealt with together.
What should a pet-nup include?
A well-drafted pet-nup usually covers the following:
| Details | |
|---|---|
| Care arrangements | Which spouse is the main carer? Is there a rota for taking turns? |
| Access arrangements | How often can the other spouse visit the pet, and for how long each time? |
| Sharing costs | How are everyday and unexpected costs shared, such as food, grooming, vaccinations and medical bills? |
| Major medical decisions | Who has the final say if the pet needs surgery or euthanasia? |
| Moving away | If the main carer emigrates or moves elsewhere, how are the arrangements adjusted? |
| Breach | What remedy is there if one side does not keep to the agreement? |
Is a pet-nup legally binding in Hong Kong?
A pet-nup is essentially a civil contract. If both sides sign voluntarily and with full knowledge, and the terms are reasonable and lawful, it is generally enforceable under Hong Kong law.
However, Hong Kong courts have no precedent yet on pet agreements made for divorce, so how far they can be enforced is still to be confirmed.
Please note
- We suggest getting a solicitor’s help when you sign, so the terms are clear and workable and each side gets independent legal advice. This makes the agreement more likely to be enforceable later.
Practical tips for arranging pets on divorce
Whether or not you have signed a pet-nup, these tips can help you deal sensibly with who keeps the pet during a divorce:
- Negotiate first, and avoid court
- Keep records of your day-to-day care of the pet
- Consider a pet trust
Negotiate first, and avoid court
Because Hong Kong law offers pets limited protection, reaching agreement yourselves or through family mediation is often more efficient and cheaper than going to court.
A mediator can help both sides discuss the pet’s care in a calm setting, so that emotional confrontation does not push things to the worst outcome: a court order to sell the pet.
If you want to understand the divorce process, how long it takes and what it costs, you can plan the pet arrangements together with it.
Keep records of your day-to-day care of the pet
If you worry that a dispute may come later, get into the habit of keeping evidence now. Useful evidence includes:
- Vet records and receipts (showing who takes the pet to the vet and who pays)
- Receipts for pet food and supplies
- Everyday photos and videos with the pet
- Records of walks, feeding and other daily care
- Pet insurance policyholder details
- Dog licence or microchip registration papers
This evidence may not carry direct legal weight in court, but in negotiation or divorce mediation it can show strongly that you are the pet’s main carer, and help you win a fairer arrangement.
Consider a pet trust
If you worry that your ex will not look after the pet properly after the divorce, or you want to protect the pet’s welfare in the long term, you can consider setting up a pet trust.
With a trust, you can set aside a sum of money for the pet’s care and name a trustee to manage and oversee it.
A will can name a guardian to use the estate to care for the pet. It can even set up “monthly payment” and termination terms, so that the arrangement stops if the pet is mistreated, which protects its life better.
For more on wills, see the difference between a will and a formal will, and how to make one.
Not sure how to settle who keeps the pet?
Get in touch, and a dedicated consultant will first understand your situation.
