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What Happens to Pets in a Divorce? Custody and Care Tips

Introduction

For many couples, pets are more than just animals — they’re cherished family members. So, when a marriage ends, the question of who keeps the pets can be a sensitive and emotional issue. Unlike arrangements for children, South African law doesn’t have formal rules for pet custody during divorce, but there are practical ways to handle it fairly and kindly.

In this article, we’ll explain how pet ownership is treated in divorce cases, what factors couples should consider, and tips for making pet care decisions that prioritise your furry friend’s wellbeing.

Are Pets Considered Property in South African Law?

Legally, pets are regarded as movable property in South Africa. This means they fall under the same category as household items, cars, or furniture when dividing assets during a divorce.

However, because pets have emotional value, many couples choose to handle pet arrangements privately, outside of strict property rules.

Who Gets to Keep the Pet?

The decision depends on:

• Who purchased or adopted the pet
• Whose name appears on veterinary and registration records
• Who primarily cared for the pet during the marriage
• The living arrangements post-divorce

If both parties are attached to the pet, you’ll need to reach a mutual agreement — either through negotiation, mediation, or including it in your divorce settlement.

Options for Handling Pet Custody

1. Sole Custody

One partner keeps the pet permanently, while the other gives up ownership. This is often the simplest option, especially if one person is moving somewhere pets aren’t allowed or if the pet is particularly bonded to one owner.

2. Shared Custody

Some ex-couples agree to a co-parenting arrangement, where the pet moves between homes on a set schedule. This can work well if both parties live nearby and maintain a civil relationship.

3. Visitation Rights

In cases where shared custody isn’t practical, one partner keeps the pet, while the other visits occasionally. This ensures both parties stay connected to the pet without disrupting its routine too much.

Important Factors to Consider

When deciding on pet arrangements, it’s essential to think about:

• The pet’s age, health, and temperament
• Each person’s living situation and ability to care for the pet
• The emotional bond between the pet and each person
• Travel, work schedules, and long-term plans

The pet’s welfare should always be the top priority.

Can a Pet Custody Agreement Be Included in a Divorce Settlement?

Yes — while not legally binding in the same way as child custody orders, you can draft a pet care agreement and include it as part of your divorce settlement. This agreement can cover:

• Who will pay for food, vet bills, and grooming
• Where the pet will live
• A visitation schedule (if applicable)
• What happens if one partner relocates

Having these arrangements in writing can help prevent future conflicts.

Final Thought

Dividing up a shared life is never easy, and decisions about beloved pets can be particularly tough. The best outcomes happen when both parties prioritise the pet’s happiness, routine, and care above all else.

At 123Divorce.co.za, we offer practical guidance and compassionate support to help you navigate every aspect of your divorce — including pet arrangements — with clarity and fairness.

Contact us today for professional, affordable divorce services tailored to your situation.