In the often emotionally charged world of divorce, where couples grapple with the division of their shared lives, there will be one question that, for some, can loom unexpectedly large: who gets to keep the horse?
Unlike other pets, horses occupy a unique and sometimes legally complex position in divorce settlements. They can be much more than beloved companions; they can be valuable assets, business investments, or even integral to a party’s livelihood. As family law continues to evolve, so too does the legal approach to how pets are treated in a divorce, and horses stand at the crossroads of this evolution.
The traditional legal approach
Traditionally, the law has treated pets, including horses, as personal property. This means that, legally, they are no different from a car, a piece of jewellery, or any other asset. When a couple divorces, the distribution of property is determined either through agreement or by the court, and pets are no exception. A horse, in this view, is an asset to be assigned to one party or the other, often based on who purchased the horse, who has paid for its upkeep, or who has been its primary carer.
But this traditional approach has become increasingly contested. There is growing recognition that pets are not just possessions but sentient beings with emotional value and welfare needs. This shift is particularly evident in countries like Spain, where recent legal changes have recognised the sentience of animals, and similar conversations are taking place in the UK following on from the case of FI v DO [2024], which directly considered the pet’s best interests in its ruling to award a dog’s ownership to the wife.
Horses as assets
While there may be a movement towards viewing pets as more than mere property, horses present unique complications. Unlike a family dog or cat, which may have primarily emotional value, a horse can be a significant financial asset. Horses can be worth tens or even hundreds of thousands of pounds. They may be racing horses, breeding stock, or valuable show jumpers. In some cases, they may be business assets, forming part of a commercial enterprise.
This complexity means that determining who gets the horse in a divorce is not always straightforward. The court must consider factors such as the horse’s financial value, ownership status, contributions towards its care, and its purpose – whether it is a family pet, a competition animal, or part of a business.
Safeguarding your horse in a divorce
If you own horses, whether a single riding horse or a full competitive yard, it is essential to take proactive steps to protect your equine interests in the event of a divorce. One crucial measure is to maintain clear records of your horse’s care and expenses. Keeping track of feed costs, veterinary bills, training fees, transport expenses, and the daily attention you provide can help establish your ongoing involvement. Photos, invoices, calendars, and even social media posts can serve as evidence of your commitment.
For those whose horses are part of a commercial venture, such as breeding, training, or competition, adopting a formal business structure may offer further protection. Holding horses within a limited company or partnership can clarify ownership and financial obligations, making it easier to establish your interest in court.
Finally, never overlook the importance of welfare. Courts are increasingly attentive to the wellbeing of animals, especially where children are involved. Demonstrating that you provide the most stable and experienced care can be a decisive factor in ensuring the horse remains with you.
Pre and post nuptial agreements
For couples with significant equine interests, a clear, well-drafted pre or post-nuptial agreement is one of the most effective ways to protect your horses in the event of divorce. These agreements can specify who will retain ownership of the horse, who will bear financial responsibility for its care, and how future acquisitions of horses will be treated. While courts are not always bound by such agreements, they are increasingly willing to consider them as persuasive evidence of the parties’ intentions.
Dispute resolution
Where there is no agreement in place, and the parties cannot agree on the future of their horse, they may need to turn to dispute resolution. Negotiation and mediation can offer a way to reach a fair agreement without the expense and stress of court proceedings. However, if an agreement cannot be reached, a court may need to intervene.
In court, a judge will consider the evidence, including any documentation relating to ownership, contributions to care, and the welfare of the horse. In some cases, a court may even appoint an expert to assess the horse’s value.
Planning ahead for peace of mind
Horses are not just pets; they are valuable assets, beloved companions, and, for some, a way of life. Whether they are investments, competition animals, or simply cherished friends, it is essential to consider their future in the event of a divorce.
For couples with significant equine interests, a clear, well-drafted pre- or post-nuptial agreement can provide certainty and reduce the potential for conflict. For those without such agreements, early and constructive negotiation can help ensure that the horse’s future is resolved fairly.
At Buckles Solicitors, our family law team understand the emotional and financial importance of horses to their owners, and our experienced family law team is here to help you navigate the complex issues of divorce with sensitivity and expertise.
