Television’s “golden couple” Ruth Langsford and Eamonn Holmes are reportedly having difficult conversations about who will get custody of their dog after their divorce.
After 14 years of marriage, the couple declared they were officially separating after work commitments “took their marriage in different directions,” but what does this mean for their beloved dog Maggie?
Ruth and Eamonn are said to avoid using lawyers, unlike Ant McPartlin and his ex-wife Lisa Armstrong, who fought for custody of their chocolate Labrador, Hurley, during their bitter divorce.
According to legal experts, businesses across the UK have seen a rise in the number of people seeking legal advice about what happens to their pets after a break-up and research by Direct Line Insurance showed that 27 per cent of splits in 2021 involved custody of a pet.
Meanwhile, animal charity Blue Cross reported that 10 per cent of people said they had lost a pet during a break-up with their partner.
Eamonn Holmes and Ruth Langsford have publicly declared their divorce after work commitments “took their marriage in different directions”, but who will get their beloved dog Maggie?
Celebrities aren’t immune either. In addition to Eamonn and Ruth’s fights, Kristen Stewart and Robert Pattinson, as well as Amber Heard and Johnny Depp, have also fought over their pets.
So what is the law in the UK and who can claim ownership of the dog? Here, FEMAIL brings you everything you need to know if you get separated and pets are involved….
How is it decided to own a pet?
Although pets are often much-loved members of a family, under UK law, pets are considered a person’s property, like a piece of furniture or a car.
Therefore, legal ownership is decided on the basis of proof of ownership; Basically, the person who bought the dog is the owner of the dog.
If a couple buys a dog jointly, they both own it and will most likely need to share it after a separation. However, a court does not have the power to order a legal owner to give access to the non-legal owner.
If a dog is purchased as a gift, there must be proof of this.
Ant McPartlin and Lisa Armstrong also fought over who got custody of their adorable Labrador Hurley (pictured)
When Johnny Depp split from Amber Heard, the couple also went through the same problem of deciding who got custody of their beloved Yorkshire Terriers.
What else counts as proof of ownership?
Although proof of ownership is the key factor in determining custody of a pet, there are other issues that can be considered. These include who looks after the dog, whose name is registered on the dog’s microchip and insurance, and who is registered with the vet.
Things can get complicated if, for example, the richer party buys the dog, but the poorer party stays home, cares for the dog, and takes it to the vet. In this case, the dog remains legally the property of whoever bought it.
What happens if the non-legal owner takes the dog?
If a couple separates and the person who is not the legal owner takes the dog and refuses to return it, the rightful owner can take them to civil court.
There, the judge will likely order the person who took the dog to return it. However, this process can cost several thousand pounds.
Who gets custody when there are two pets?
If you have two pets, you can split them up, but you should also think about the relationship they have together. If they are attached to each other, it may be best to keep them together.
Ruth (pictured with her dog Maggie) split from Eamonn after 14 years of marriage and 27 years together.
ITV presenter Ant Mcpartlin and his ex-wife Lisa Armstrong went to lawyers to discuss custody of Hurley (pictured).
Can a pre-existing agreement help with negotiations?
Pet-nups, essentially prenups involving pets, are on the rise. In the last three years, there has been a 20 percent increase in demand. In 2022, animal charity Blue Cross also introduced its own pet marriage agreement form. The charity currently takes in four pets a week following the breakdown of a relationship.
Will UK law change?
In UK law, the welfare of the animal is not taken into account, but in France, Portugal and Spain, courts consider pets as sentient beings and not as objects owned by one or another companion. Therefore, judges will consider a pet’s well-being when couples separate, often strengthening the case for joint custody.
In the UK next year there will be a review of the Family Law commission, which some activists say should also consider the issue of pets.
WHAT TO DO IF YOU SHARE CUSTODY OF A PET
Put the pet first
Although a pet is considered a possession in UK law, people must treat their pets as sentient beings and put their well-being first. The pet should be with a sitter who has the time and money to care for it. Dogs can move from one home to another if their routines and diet are respected. But cats are much more difficult and get used to an environment.
Keep the rules consistent…
If you plan to share a pet, usually a dog, make sure the training and rules are consistent. If your pet is allowed to sit on the couch in one house and not the other, he or she will soon become confused about what he or she is allowed to do.
Rover.com dog behaviourist Adem Fehmi said: “When set up correctly, joint ownership of a dog can work well, even between ex-couples.” However, this requires both owners to be on the same page in terms of pet care and the dog’s individual routine, as it can be helpful if a similar routine is followed across the board.
“If the dog’s needs (emotionally, physically and mentally) are met in each home, this can help the dog adapt to its changing environment. It is also important for owners to be careful not to unintentionally promote behavioral problems such as separation anxiety and, if they arise, to seek professional help to resolve them together, as a team.
During their divorce battle, Ant is said to have told lawyers: “She can have anything she wants, except the dog.”
The chocolate Labrador named Hurley was adopted by the couple in 2013 when they were struggling to conceive a child.
How will my pet cope with a change in circumstances?
It is important to remember that a pet can easily sense changes and may become restless. This means they can detect tensions or arguments at home.
If possible, try to keep arguments away from pets. Also, be sure to keep an eye out for any changes in behavior. These may include a dog cowering in fear or not wanting to eat. Both can be signs that your pet is anxious.
If your dog has to move house…
According to the Blue Cross, moving can be very stressful for both people and animals. If your pet needs to move to a new home, it may be best to keep him or her away from moving vans, boxes, and packaging. Instead, it may be best to move your animal to a stress-free environment until it can shed properly.
If you have to say goodbye to a dog
It can be very difficult for people to part with the pets they have come to love. If you are grieving, you can contact the Blue Cross pet bereavement service.
